) 


-/ 


4 

■  / 


y/. 


'^//^ 


The  Railroads 
Their    Employes 


AND 


The  Public 


A  DISCOURSE   UPON   THE  RIGHTS,  DUTIES 

AND  OBLIGATIONS  OF  EACH 

TOWARD  THE  OTHER 


BY 

JOHN   E.  MILES 

BOSTON 


^ 


Copyrighted,  1906 
By  John  E.  Miles,  Plymouth,  Mass. 

printed  by 

The  Memorial  Press 

plymouth. 


TABLE  OF  CONTENTS. 


Introduction 


7 


The  Rights  of  and  Obligations  to  the  Pub- 
lic by  an  Object  Lesson 15 

The  Labor  Organizations  in  the  Study  of  Politi- 
cal   Ecofiomy    21 

The  Comfort  of  the  Public 52 

Trying  to  Obtain  a  Proprietary  Interest  in  the 

Companies  by  which  We  are  Employed 62 

The   Locomotive    Engineer    at    Work.        His 

Criminal  Liability  in  Case  of  Accident 72 

Commissioners  Investigating  and  Reporting 
Railroad  Accidents.  Testimonial  to  Asa 
P.  Freiich   79 

Character  of  the  Locomotive  Engineer 91 

Technical  Training  School  in  Railroading 106 

Railroad  Employes  "With  the  Railroads"  as  a 

Community  of  Interests 112 

The  Attitude  of  the  Brotherhood  on  Regulating 

Hours  of  Employment  by  law Ho 


4  Railroads  and  the  Public. 

Rate  Regulalio  is  and  Governmental  Super- 
vision of  Railroads 121 

Arbitration    140 

The  Public  Represented  by  Railroad  Commis- 
sioners, a  Party  to  all  Trade  Agreements  of 
Railroad  Employees   1 50 

Railroad  Commission  and  the  Civil  Service   154 

Friction  and  Its  Cause 165 

Employers'  Liability  Relative  to  Injuries  Upon 

Railroads 169 

Revising  Employers'  Liability  Act.    Engineers' 

Compensation  Proposal 176 

Report  of  Special  Committee  upon  Employers' 

Liability I79 

Conclusion   190 


PREFACE, 


To  assist  in  uniting  more  closely  the  railroads,  their 
employees,  and  the  public,  is  the  ulterior  purpose  of  the 
author  of  this  book.  While  adhering  to  facts,  in  all  es- 
sential details,  an  effort  has  been  made  to  present  these 
matters  in  as  entertaining  a  manner  as  possible.  Through- 
out the  book,  the  scope  of  which  is  shown  in  the  Introduc- 
tion (Chapter  I.),  accounts  are  given  of  attempts  to  put 
into  practice  certain  sociological  theories  of  President  Eliot 
of  Harvard.  This  widely  known  educator  has  been  quoted 
as  saying: 

"It  is  a  general  fact  that  corporations  wish  to  conceal  their 
methods  of  doing  business,  and  that  labor  unions  also  wish 
to  conceal  their  reasons  for  demanding  more  pay  or  less 
work.  Therefore,  the  means  of  procuring  publicity  in  re- 
gard to  such  matters  ought  to  be  diligently  sought  by  the 
American  people  as  a  whole.  We  have  many  means  of 
publicity.  The  local  newspaper  will  not  serve  us.  The 
great  metropolitan  newspaper  might,  the  magazines  might, 
legislative  commissions  might.  They  do  not  always,  but 
they  might.  It  is  for  the  American  people  to  seek  thorough 
information  on  all  these  industrial  struggles,  and  to  spread 
abroad  among  the  people  sound  notions  concerning  their 
causes  and  their  results.  Then,  I  think,  we  may  all  hope 
that  we  shall  find  a  way  through  these  formidable  social 
dangers." 

Having  the  above  in  mind,  to  President  Eliot  of  Harvard, 

I  respectfully  dedicate  this  book. 

JOHN  E.  MILES. 


"I  know  that  the  world,  the  great  big  world, 

From  the  pauper  to  the  king, 
Has  a  different  tale  from  the  tale  I  tell 

And  a  different  song  to  sing ; 
But  for  me,  I  care  not  a  single  fig, 

If  they  say  I'm  wrong  or  I'm  right, 
For  I'll  always  go  in,  if  I  go  in  at  all, 

For  the  under  dog  in  the  fight." 


RAILROADS 


THEIR     EMPLOYES    AND     THE 
PUBLIC 


CHAPTER  L 

INTRODUCTION. 


The  position  of  the  railroad  engineer  is  fittingly  illus- 
trated by  the  following  incident. 

When  Sir  William  Van  Home  was  president  of  the 
Canadian  Pacific  Railway,  the  racing  of  that  road's  and  the 
Grand  Trunk  trains  into  Montreal  was  a  constant  source  of 
danger  to  the  public. 

Agitation  grew  hot.  The  city  passed  an  ordinance  to 
prohibit  such  contests  of  speed.  Van  Home  called  his  en- 
gineers together  one  morning  and  read  aloud  the  ordinance. 

"Now,  men,"  he  said,  "That's  the  law,  and  you've  got 
to  obey  it.  I  will  suspend  any  engineer  who  breaks  it. 
That's  all  Pve  got  to  say  except  this :  God  help  the  en- 
gineer that  lets  a  Grand  Trunk  train  beat  him  into  this 
town !" 

From  my  earliest  recollections  I  have  been  associated 
with  railroad  men.  always  deeply  interested  in  their  work 
and  in  their  organizations,  and  I  believe  I  know  them  as  they 
are.  For  the  past  four  years  I  have  given  my  time  and 
spent  my  money  to  merit  the  confidence  of  my  associates, 
as  shown  by  them  in  electing  me  to  the  position  of  their 
legislative  representative.  These  pages  have  been  written 
for  the  purpose  of  encouraging  a  greater  interest  in  our 
profession,  elevating  our  standing  in  society,  and  securing 


8  Railroads  and  the  Public. 

for  us  in  public  opinion  a  "square  deal"  when  tried  for 
failures. 

After  years  of  study  and  thought  upon  the  relations 
between  railroad  officials  and  employees,  and  the  obliga- 
tions of  both  to  the  pubHc,  as  a  practical  railroad  man, 
I  pretend  to  be  qualified  to  express  opinions  worthy  of  the 
consideration  of  persons  interested  in  the  subject,  whether 
as  public-spirited  citizens,  railroad  officials,  or  rail- 
road employees.  That  I  might  approach  the 
subject  without  prejudice  I  have  endeavored  to  believe, 
that  corporations  are  not  to  be  considered  necessarily  an- 
tagonistic to  working  men,  and  that  the  officials  of  these 
corporations  are  desirous  of  the  employees'  well-being  as 
a  necessity  to  the  success  of  their  companies;  that  the 
aims  of  labor  organizations  are  honorable,  and  their  pur- 
poses the  attainment  of  high  ideals  and  good  living. 

Labor  cind  capital  are  useless  in  themselves,  and  have 
been  described  as  holding  the  relationship  of  hooks 
and  eyes.  Railroad  officials  pretend  to  be  surprised  that 
employees  are  not  more  interested.  Not  one  employee  in  a 
hundred  has  reason  to  believe  the  officials  care  whether 
he  takes  an  interest  or  not.  The  cheap  fellow  will  advance 
as  quickly,  and  by  his  indifference  make  the  work  of  the 
worthy  man  just  that  much  harder. 

The  claim  is  made  that  this  is  the  work  of  senority.  Sen- 
iority simply  asks  that  a  man  be  given  a  chance  to  demon- 
strate his  ability.  If  there  is  any  man  desirous  of  his  place 
who  stands  lower  upon  the  ladder  of  time  and  can  prove  su- 
perior qualifications  for  the  position,  it  is  simply  the  fault 
of  the  official  that  the  services  of  the  best  are  not  obtained. 
Differences  and  disputes  will  arise,  but  we  should  ever  keep 
in  mind  the  interests  and  rights  of  others,  and  remember  we 
are  both  servants  of  the  public  we  serve. 

We  can  easily  compare  the  position  of  the  locomotive 
engineer  with  the  office  of  the  president  of  the  railroad; 


Railroads  and  the  Public.  9 

the  more  we  go  into  the  details  of  either  the  easier  the 
comparison  becomes.  The  one  is  selected  to  take  charge 
of  a  locomotive  attached  to  cars,  and  is  expected  to  fulfill 
a  certain  contract  entered  into  with  th.e  passengers,  where- 
by for  value  received  the  railroad  agrees  to  deliver  them  at 
their  destination  at  a  specified  time.  The  other  is  chosen 
by  the  directors  to  assume  the  responsibility  of  directing  the 
affairs  of  the  railroad,  that  the  company  may  be  prepared 
to  meet  all  obligations  when  due. 

If  the  engineer  has  an  engine  capable  of  furnishing  the 
necessary  power,  unless  confronted  by  unforeseen  obstacles, 
his  task  may  be  a  pleasant  one,  but  if  met  with  adversities, 
such  as  breakdowns,  low  steam  or  head  winds,  every  econ- 
omy of  power  must  be  practiced  to  bring  the  train  in  on 
time.  If  the  president  is  furnished  a  railroad  not  too  heavi- 
ly burdened  by  overcapitalization,  with  its  consequent  drain 
upon  the  revenues  of  the  road,  his  task  may  be  a  pleasant 
one,  but  if  met  with  such  adversities  as  dull  times,  or  many 
of  the  causes  leading  up  to  decrease  of  net  revenue,  he 
must  lay  himself  open  to  adverse  criticism  in  order  to  fulfill 
his  agreement. 

At  a  convention  of  railroad  men  held  in  Topeka,  Kan., 
President  Roosevelt  uttered  words  consistent  with  his  life 
and  character.       He  said  in  part: 

'T  have  a  great  deal  of  faith  in  the  average  American 
citizen.  I  think  he  is  a  pretty  good  fellow,  and  I  think  he 
can  generally  get  on  with  the  other  average  American 
citizen  if  he  will  only  know  it.  If  he  doesn't  know  it  and 
erects  him  into  a  monster  in  his  mind,  then  he  won't  get  on 
with  him,  of  course;  but  if  he  will  take  the  trouble  to  know 
it  and  to  realize  it  that  he  is  a  being  just  like  himself,  with 
the  same  instincts — not  all  of  them  good — the  same  desire 
to  overcome  those  that  are  not  good,  the  same  purposes, 
the  same  tendencies  to  shortcomings,  the  same  desires  for 
good,   the   same  need  of  striving  against  the  evil — if  he 


lO  Railroads  and  the  Public. 

will  realize  that,  and  if  you  can  get  the  two  together  with 
an  honest  desire  each  to  try,  not  only  to  help  himself,  but 
to  help  the  other,  most  of  our  problems  will  be  solved." 

The  above  wholesome  doctrine  most  aptly  applies  to  the 
railroad  employees.  There  is  a  "monster"  in  every  branch 
of  every  department  of  the  railroad,  and  it  goes  by  the  name 
of  "they." 

The  engineers  speaking  of  "they,"  allude  tc  the  master 
mechanic  and  superintendent. 

The  same  men  would  be  greatly  surprised  to  hear  a  simi- 
lar assertion  concerning  themselves  made  by  the  firemen  or 
machinists.  The  engineers  would  be  likely  to  enquire  if 
these  men  did  not  ask  for  work  when  they  came,  and  if  they 
did  not  receive  pay  for  the  same.  The  locomotive  engi- 
neers feel  greatly  aggrieved  if  obliged  to  take  out  engines  in 
bad  order  or  steaming  poorly,  justly  claiming  some  recogni- 
tion if  success  is  attained  under  such  conditions.  To  whom 
should  they  look  for  the  credit  we  feel  due  for  work  well 
performed  ? 

The  president  is  selected  by  the  board  of  directors  io  ex- 
ecute the  policy  of  the  railroad.  He  secures  the  assistance 
of  vice-presidents,  to  whom  he  delegates  traf^c,  operating, 
law,  maintenance  of  way,  etc.,  etc. 

The  vice-president,  responsible  for  traffic,  appoints  a  gen- 
eral manager,  who  will  reflect  the  ideas  of  the  vice-presi- 
dent upon  the  officers  selected  to  receive  them  in  the  various 
departments.  Divisions  are  made  in  these  various  depart- 
ments, and  we  come  down  to  the  division  superintendent 
and  the  division  master  mechanic. 

These  men  issue  notices  and  orders,  inspired  by  the  gen- 
eral officers,  and  possess  little  or  no  initiative.  An 
instance  is  known  where  a  superintendent  in 
deciding  the  penalty  for  infringement  of  a  rule 
took  into  consideration  the  previous  good  conduct  of  the 
offending  employee.       For    what  was    considered    by    a 


Railroads  and  the  Public.  ii 

higher  authority,  far  removed  from  the  actual  scene,  to  be. 
too  great  leniency  upon  the  part  of  the  superintendent  for 
not  depriving  the  family  of  this  employee  of  the  means 
of  livelihood  for  a  greater  length  of  time,  the  superintend- 
ent received  what  would  practically  be  considered  a  repri- 
mand. In  the  light  of  these  facts  the  superintendent  and 
master  mechanic  are  not  the  "monsters"  we  suppose  them 
to  be.  There  must  be  a  cause  and  some  one  responsible 
for  the  existing  conditions  upon  the  railroads.  With  due 
deliberation,  I  desire  to  say  there  never  was  a  time  in  rail- 
roading when  employees  received  as  good  wages,  when 
their  labors  were  as  light  and  hours  of  employment  as  rea- 
sonable as  at  the  present  time.  And,  in  the  face  of  these 
facts,  there  never  was  a  time  when  there  was  less  interest, 
more  discontent,  uncertainty  and  dissatisfaction  than  exist 
today.  For  the  cause  of  this  the  opinion  of  one  man  is 
as  good,  as  another's ;  my  guess,  speaking  in  general,  would 
trace  it  to  too  much  system  (red  tape),  destroying  united 
interest. 

As  an  engineer,  I  would  trace  the  cause  to  the  pooling  of 
engines,  and  to  seniority  as  it  is  applied. 

In  the  earlier  days  of  railroading  the  engine  was  con- 
sidered as  almost  the  personal  property  of  the  engineer. 
Later  a  policy  was  adopted  which  was  expected  to  bring 
greater  returns  from  the  capital  invested  in  the  motive 
power.  This  was  the  policy  of  pooling  the  engines,  which 
had  the  effect  of  destroying  the  spirit  of  individual  interest, 
and  the  results  are  very  apparent  to  all  concerned. 

As  to  seniority.  "Rights  of  engineers  to  preference  of 
runs  shall  be  governed  by  seniority  in  service.  An  en- 
gineer losing  his  run  by  reason  of  its  having  been  discon- 
tinued, or  having  been  taken  by  an  engineer  his  senior,  or 
for  any  reason  not  brought  about  by  any  fault  of  his  own, 
shall  be  entitled  to  take  any  run  on  the  same  division  held 
by  an  engineer  his  junior  in   seniority." 


12  Railroads  and  the  Public. 

This  is  a  rule  in  vo^iie  on  many  of  our  railroads,  made 
some  time  ago  upon  the  request  of  the  employees,  and  aimed 
to  destroy  the  practice  of  favoritism.  It  is  a  question 
whether  or  not  the  effect  of  this  rule,  or  its  possibility  for 
harm  to  lx)th  the  company  and  the  employees,  was  un- 
derstood at  the  time  of  making  the  request. 

To  instance  the  effect  of  this  rule,  a  case  can  be  men- 
tioned where  a  change  was  made  in  the  run  of  an  engineer 
rated  high  on  the  list  of  seniority.  This  change,  which  was 
a  misfortune,  to  one  man,  made  it  possible  to  break  up  the 
home  life  of  every  man  his  junior  in  seniority.  There  is 
always  a  general  feeling  of  uncertainty  as  to  the  stablity  of 
employment  or  permanent  place  of  abode. 

President  Eliot,  addressing  an  audience  in  Boston  upon 
the  subject  of  relations  between  employer  and  employee, 
stated :  "It  is  an  intensely  interesting  inquiry  what  modifi- 
cations of  existng  labor  conditions  will  tend  toward  per- 
manent industrial  peace,  and  be  absolutely  consistent  with 
the  democratic  ideal  of  liberty.     To  that  inquiry  I  turn." 

He  then  enumerated  the  following  conditions  as  desir- 
able for  the  workingman  :  ( i )  Steadiness  of  employment. 
(2)  Settled  place  of  abode.  (3)  A  voice  in  the  discipline 
and  management  of  works. 

Steadiness  of  employment  is  reasonably  desired  by  both 
the  workman  and  the  employer.     ******* 

"Another  common  need  for  w^orkmen  and  employers  is 
that  condition  of  labor  which  permits  the  laborer  to  have 
a  settled  place  of  abode.  A  nomad  population  can  hardly 
be  a  civilized  one.  Only  a  firmly  settled  laboring  popula- 
tion, which  desires  and  expects  to  pass  its  life  in  one  spot 
can  be  really  happy  and  contented  and  produce  good  citi- 
zens. The  family  which  lives  without  love  of  its  home,  or 
pride  in  its  local  surroundings,  is  not  the  kind  of  family 
a  free  state  needs.  It  cannot  procure  some  of  the  most 
solid  advantages  of  life.     It  cannot  develop  in  its  children 


Railroads  and  the  Public.  13 

the  sentiments  on  which  patriotism  is  founded.  Hence, 
durable  improvement  in  the  condition  of  any  body  of  labor- 
ers must  contemplate  a  localized  industry  and  terms  of 
employment  which  make  possible  the  creation  and  preserva- 
tion of  permanent  homes. 

"It  follows  that  employers  or  associations  of  employers 
that  import,  or  bring  from  afar,  wandering  work  people 
having  no  local  attachments,  impair  the  prospect  of  estab- 
lishing just  and  satisfactory  relations  between  capital  and 
labor. 

"From  this  same  point  of  view  it  is  undesirable  that  the 
managers  of  a  business  conducted  by  a  large  corporation 
should  be  non-resident.  The  managers  of  a  factory  ought 
to  live  in  the  same  place  with  the  work  people,  in  order 
that  they  may  all  have  local  interests  and  daily  friendly  re- 
lations. On  the  other  hand,  so  far  as  labor  unions  encour- 
age or  compel  the  migration  of  laborers  from  one  place 
to  another,  abandoning  employment  here,  enlisting  there, 
and  forming  one  connection  after  another  without  any 
intention  of  settling  anywhere,  they  postpone  the  only  satis- 
factory solution  of  the  laboring  man's  problem — a  secure, 
steady  employment  at  wages  which  will  make  a  settled 
family  comfortable." 

Upon  another  occasion  President  Eliot,  speaking  at  the 
Colonial  Club,  Cambridge,  on  "Labor  Unions  From  the 
Educator's  Point  of  View,"  is  quoted  in  the  Boston  Even- 
ing Transcript  of  November  24,  1902,  as  saying  in  the 
course  of  his  remarks :  "The  making  of  a  permanent  home 
means  that  the  home  creator  has  opportunity  to  form  local 
attachments,  to  evince  public  spirit,  and  to  win  for  himself 
local  reputation  among  his  neighbors.  Neighborhood  repu- 
tation is  the  most  rewarding  kind  of  reputation.  These 
aids  to  the  development  of  character,  and  these  sources  of 
happiness  the  nomad  workman  loses  completely.  There- 
fore a  wandering,  unattached  condition  for  labor  is  always 


14  Railroads  and  the  Public. 

unhappy  and  inexpedient,  whether  we  regard  the  interests 
of  the  individual  or  the  interests  of  society." 

"In  view  of  this  situation  it  is  manifestly  important  to 
discuss  frankly  and  publicly  any  labor  union  doctrine  or 
practices  which  seem  dang^erous  to  society  or  hurtful  to 
the  men  who  adopt  them."  This  is  especially  true  of  em- 
ployees of  all  public  service  corporations,  but  more  particu- 
larly so  of  the  men  employed  by  our  steam  railroads.  Many 
men  look  upon  our  railroads  as  though  deriving  a  revenue 
from  an  ever  fiovving  source,  the  distribution  of  which  is 
of  little,  if  any,  consequence.  Yet  it  is  ever  the  public  that 
has  to  suffer  for  our  indifferences. 

To  discuss  these  subjects  frankly,  one  must  be  inde]")end- 
ent  of  corporation  influences,  fearless  of  the  criticism  of 
the  thoughtless,  and  above  the  hollow  praises  of  the  dema- 
gogue type. 


Railroads  and  the  Public.  15 


CHAPTER  11. 

THE    RIGHTS    OF    AND    OBLIGATIONS   TO    THE    PUBLIC    BY    AN 

OBJECT  LESSON. 

There  are  certain  conditions  every  man  seeking-  employ- 
ment upon  a  railroad  should  carefully  consider  and  be  pre- 
pared to  accept,  to  wit,  the  rights  of  the  public  and  our 
duties  and  obligations  to  the  same.  These  obligations  ex- 
tend so  far  that  practically  little  difference  can  be  found 
between  the  position  of  the  railroad  employee  and  that  of 
the  enlisted  soldier,  in  the  relations  of  each  to  the  public. 

It  sometimes  happens  that  it  is  not  until  we  have  a  per- 
sonal interest  in  some  case  that  we  are  aroused  to  appre- 
ciate how  much  depends  upon  each  of  us  individually  as 
employees  of  the  railroad  to  make  possible  the  successful 
completion  of  well  laid  plans  of  a  large  number  of  pass- 
engers. To  emphasize  this  statement  the  introduction  of 
a  personal  experience  may  be  considered  pardonable. 

As  I  sat  upon  my  engine,  attached  to  one  of  the  early 
morning  trains  from  Plymouth,  orders  were  received  to 
take  extra  cars  in  anticipation  of  increase  of  travel. 

Noticing  the  apparent  dejected  spirit  of  the  fireman  as 
we  made  the  engine  ready  for  the  trip,  I  inquired  the  cause 
and  learned  that  the  young  man's  mother,  living  in  a  city 
some  miles  from  Boston,  was  in  poor  health,  and  he  had 
promised  to  see  her  that  day.  A  difference  of  four  min- 
utes existed  between  the  scheduled  arrival  of  our  train  and 
the  departure  of  the  train  he  wished  to  take  for  the  home  of 
his  mother. 

No  thought  of  failure  to  make  this  scheduled  time  had 
occurred  to  him;  but  now  with  this  extra  load  upon  an  en- 
gine already  over -loaded,  or  at  least  taxed  to  her  capacity, 


1 6  Railroads  and  the  Public. 

his  hopes  faded,  and  the  thought  of  the  disappointment  to 
his  sick  mother  made  him  sad. 

Too  many  railroad  men  give  up  to  adversities  without  a 
creditable  effort  to  win.  Such  men  are  not  moulded  from 
the  material  that  makes  successful  railroad  men.  No 
man  knows  his  full  abilities  until  he  meets  emergencies. 
What  more  inspiring  ground  in  the  world  could  be  chosen  to 
advocate  these  principles  than  that  where  we  stond.  in  old 
historic  Plymouth? 

Hear  the  surf  breaking  upon  Brown's  Island  with  the 
same  ominous  roar  that  greeted  the  little  band  of  mariners 
aboard  the  Mayflower.  See  the  very  stone  the  Pilgrims 
stepped  upon;  the  threshold  of  the  first  colony  in  New  Eng- 
land. Scarcely  eighty  rods  away  is  the  spot  where  that 
sturdy  warrior  Myles  Standish  built  his  fort  and  infused 
by  his  indomitable  will  the  spirit  of  hope  and  success  in  his 
C(jmpanions.  Across  Duxbury  Bay,  erected  upon  Captain's 
Hill,  we  can  see  the  monument  in  memory  of  this  man  to 
whose  courage  all  New  England  owes  so  much.  Standing 
upon  such  historic  ground,  is  the  man  worthy  of  the  name 
American  that  will  submit  to  failure  without  a  trial  for 
success  ?  ( Admitting  our  trip  will  be  a  fight  against  odds, 
we  will  try  and  make  Boston  on  time.)  Insi)ired  by  these 
surroundings  or  encouraged  by  the  hope  that  the  mother 
awaiting  his  coming  would  not  be  disappointed,  a  look  of 
determination  grew  upon  the  face  of  the  fireman,  and  the 
spirit  was  shown  in  every  action  as  he  completed  the  ar- 
rangement for  the  trip. 

Starting  on  time,  and  leaving  the  "short  line"  at 
Kingston,  our  way  was  via  the  South  Shore  through 
Duxbur\'.  We  are  still  upon  historic  ground  and  pass 
the  spot  where  John  Alden  built  the  home  for 
Priscilla,  that  fair  Puritan  maiden.  From  Duxbury 
and  Green  Harbor,  we  take  as  passengers  many  men  prom- 
inent in  business  and  affairs  of  state.     From  Marshfield  to 


Railroads  and  the  Public.  17 

the  next  station  is  about  three  miles  and  a  cHmb  of  a  three 
per  cent,  grade.  The  load  tells  upon  our  engine,  and  here 
we  lose  our  first  minute.  Two  more  minutes  are  lost  at 
Marshfield  Hills,  where  we  take  water  and  load  express. 
Over  the  level  track,  and  the  North  river  marshes,  our 
engine  races  to  pick  up  a  minute  of  this  lost  time;  the  hopes 
of  the  fireman  rise  and  fall  with  the  slightest  variations  on 
the  steam  gauge,  but  his  determination  has  become  fixed, 
while  his  energies  are  taxed  to  the  limit.  Full  well  he  knows 
the  footboard  of  a  locomotive  is  no  place  for  a  weakling 
in  either  mind  or  body.  We  pick  up  a  minute  only  to 
lose  it  again  at  Greenbush  station;  here  watching  the  fire- 
man drink  from  the  jug  filled  at  the  spring,  I  am  re- 
minded that  a  short  distance  down  the  lane  from  this  sta- 
tion is  "the  orchard,  the  meadow,  the  deep  tangled  wild- 
wood''  made  immortal  by  Woodworth.  We  have  no  time 
for  reveries,  for  under  existing  conditions  these  three  min- 
utes mean  so  much.  From  Scituate  to  Egypt,  upon 
either  side  of  the  track,  is  beautiful  Dreamwold.  On  our 
left,  coming  down  the  long  circuitous  drive,  guiding  a  pair 
of  mettlesome  thoroughbreds,  is  the  owner  of  this  ideal 
place.  We  race  side  by  side  to  the  station,  where,  passing 
the  reins  to  the  coachman,  he  hastens  toward  the  train, 
one  can  see  in  every  action  the  independent  spirit  of 
the  author  of  "Frenzied  Finance";  the  man  for  whom  this 
train  is  called  "The  Lawson." 

If  we  do  not  make  the  next  fifteen  miles  in  seventeen 
minutes  our  rights  are  lost  to  another  train.  Many  times 
with  a  lighter  train  we  have  accomplished  this,  but  it  would 
be  reckless  under  existing  conditions  to  attempt  it  today. 
How  often  we  suspend  the  most  imporant  matters  to  watch 
the  fire  apparatus  pass  through  our  crowded  streets;  it  is 
not  the  high  rate  of  speed  that  attracts  us,  buc  v\''e  admire 
the  nerve  to  dare,  the  courage  to  execute  and  none  the  less 
the  judgment  to  restrain. 


1 8  Railroads  and  the  Public . 

There  are  many  things  in  common  between  the  position 
of  one  of  these  drivers  and  the  work  of  a  locomotive  engi- 
neer running  an  express  train  upon  our  railroads  of  New 
England. 

Each  is  prepared,  through  the  faculties  of  a  trained  mind, 
to  act  instantaneously  in  cases  of  emergency,  yet  in  the 
face  of  the  gravest  dangers  each  must  preserve  the  utmost 
self-control. 

Boston  is  the  only  remaining  stop  for  our  train,  and  upon 
that  end  we  hope  to  make  up  the  three  minutes  still  against 
us. 

We  slow  for  the  reverse  curves  at  Cohassett,  where  the 
fireman  catches  a  register  clearance. 

Back  upon  straight  track  again,  we  ask  Boston  for  help. 
Upon  the  back  of  a  signal  report  blank,  this 
message  is  written  and  thrown  to  the  next  station 
agent  to  be  wired  to  Boston  from  there :  Train 
Dispatcher,  Boston — 5076  at  Braintree,  8.41.  Hold  5078. 
Now  it  is  up  to  our  engine.  For  six  years  we  have  been 
together,  she  and  I,  and  \i\)on  the  ])erformance  sheet  in  the 
train  dispatcher's  office  not  a  failure  can  be  traced  to  her. 
Will  she  uphold  her  record  today?  We  shut  off  for  th6 
curves  through  Hingham,  and  from  her  open  safety  valve 
the  escaping  steam  is  hissing  as  though  screaming  her  dis- 
pleasure at  being  checked.  As  we  swing  through  the  curves 
of  the  Weymouths  the  fireman  skillfully  feeds  the  fire  as 
she  digests  it.  At  8.41  we  pass  Braintree;  5078 
standing  there.  It  is  ten  miles  further  to  Boston:  the  fight 
is  not  over  yet.  Through  Quincy,  Atlantic,  Neponset — 
and  now  for  a  "Garrison  drive."  We  wind  through  the 
tracks  of  the  terminal  into  Boston,  on  time;  demonstrating 
what  we  can  do  if  we  try.  Nothing  to  speak  of,  is  this 
run;  if  compared  with  what  hundreds  of  engineers  do  every 
day. 


Railroads  and  tlie  Public.  '  19 

In  the  afternoon  the  fireman  was  back  from  his  mother's 
bedside  and  I  asked  him  for  news  from  his  home.  He 
repHed,  ''My  mother  was  watching  so  for  me;  how  sad  it 
would  have  been,  had  I  not  come." 

Upon  our  trip  of  that  morning  we  carried  some  four 
hundred  people;  they  had  paid  toll  to  the  railroad  for  safe 
conveyance  to  their  destination  on  the  scheduled  time;  we 
received  our  share  of  this  money.  Were  we  not  at  least 
under  moral  obligations  to  perform  our  part  of  the  agree- 
ment? How  many  a  good  fellow's  mother  or  sister  or 
loved  one  may  be  made  sad  if  we  fail  ? 

In  these  days  of  systematic  methods  of  railroading,  a  pas- 
senger can  leave  San  Francisco,  wire  a  business  friend  to 
meet  him  at  the  Boston  Terminal  at  a  specified  time  four 
days  later,  and,  as  a  rule,  keep  the  appointment.  To  make 
this  possible,  requires  that  each  person  interested  perform 
his  allotted  duty  in  connection  with  the  purpose. 

In  our  local  service  the  delay  of  a  few  minutes  may  mean 
the  loss  of  an  hour's  employment,  with  its  consequent  loss 
of  wages,  to  some  shop  girl  or  mechanic  going  to  their 
work.  There  are  times  when  the  interests  of  hundreds 
may  be  jeopardized  by  the  delay  of  a  particular  passenger 
reaching  "the  tape"  on  time. 

Were  these  facts  more  generally  considered  much  better 
service  would  unquestionably  result,  and  the  railroad  em- 
ployees would  attain  a  stronger  influence  upon  the  public 
good  will.  The  necessity  of  having  the  support  of  public 
opinion  is  every  day  becoming  more  and  more  apparent  to 
labor  organizations.  Owing  to  the  many  ill-advised  and 
poorly-conducted  strikes  and  boycotts  the  sympathies  of  the 
public  are  gradually  drifting  from  the  cause  of  organized 
labor. 

When  we  lay  claim  upon  these  sympathies  of  the  public 
and  ask  that  their  influence  should  be  exerted  in  our  be- 
half, we  should  be  prepared  to  show  our  claim  is  based 


20  Railroads  and  the  Public. 

upon  the  principle  that  we  are  entitled  to  this  consideration 
for  value  the  public  has  received. 

Looking  alx)ut  for  a  means  by  which  it  would  be  pos- 
sible to  exemplify  our  desire  to  aid  in  all  matters  affecting 
the  interests  of  the  public,  naturally  we  turned  to  that  body, 
which  unquestionably  represents  in  the  highest  degree  the 
industrial  and  commercial  interests  of  Massachusetts,  the 
Boston  Chamber  of  Commerce. 


i 


Railroads  and  the  Public.  21 


CHAPTER  III. 

THE  LABOR  ORGANIZATIONS  IN  THE  STUDY   OF  POLITICAL 

ECONOMY. 

Fortunate  indeed  is  this  influential  body,  composed 
of  the  ablest  and  most  representative  business  men  of  Mas- 
sachusetts, to  have  at  its  head  two  men  of  such  marked 
ability  as  President  Henry  M.  Whitney  and  Elwyn  G. 
Preston.  Many  times  it  has  been  my  pleasure  to 
listen  to  these  men  elucidate  problems  in  commerce,  and 
champion  the  cause  of  friendlier  trade  relations  Mrith  our 
nearest  neighbors.  It  is  hard  to  conceive  how  the  logic  of 
their  reasoning,  supported  by  the  facts  ever  at  their  com- 
mand, can  fail  to  appeal  to  all  advocates  of  a  "square  deal." 

While  performing  the  duties  of  the  legislative  agent  of 
the  Brotherhood  of  Locomotive  Engineers,  the  author  was 
an  interested  spectator  at  the  hearings  held  at  the  State 
House  upon  the  question  of  reciprocity  with  Canada,  and 
was  most  favorably  impressed  by  the  arguments  in  favor  of 
the  same.  It  indicated  that  the  working  people  of  New 
England  might  reasonably  expect  large  reductions  in  the 
necessaries  of  life,  as  well  as  added  comforts  to  the  home. 

The  representatives  ojf  our  leading  industries  were  re- 
corded in  favor  of  the  measure.  The  railroad  men  should 
be  and  are  favorable  to  any  influence  that  will  tend  to  in- 
crease business,  inasmuch  as  they  will  be  directly  benefited 
with  the  public.  Whatever  influence  will  improve  the 
business  of  Massachusetts  will  bring  more  passengers  to 
our  cars,  more  cars  to  our  trains,  and  will  put  more  trains 
upon  our  railroads. 

Why  should  we  hesitate  to  endorse  reciprocity  as  a 
means  of  obtaining  an  increase  of  business,  when  we  are 


22  Railroads  and  the  Public. 

advised  by  the  leading-  bankers,  the  largest  manufacturers, 
the  most  successful  merchants  that  friendlier  trade  rela- 
tions with  Canada  will  improve  the  industries  of  Massa- 
chusetts ? 

There  is  another  factor  in  railroad  receipts  that  must  be 
seriously  considered,  and  that  is  the  positive  decline  in  our 
export  trade.  Without  recourse  to  statistics  this  is  notice- 
able about  us  every  day. 

The  costly  appliances  for  handling  shipments  of  grain 
are  practically  idle  in  the  port  of  Boston,  or  bolstered  by 
artificial  means  by  the  officials  of  the  railroads,  in  an  ef- 
fort to  get  back  the  grain  trade  now  gone  perhaps  forever. 

Cotton  coming  to  Boston,  New  York  or  Baltimore  has 
been  diverted  to  what  must  be  admitted  to  be  its  natural 
channel,  the  gulf  ports,  from  which  steamship  lines  have 
been  established.  The  transportation  of  beef  from  Kan- 
sas City  must  also  eventually  be  influenced  to  a  considerable 
extent  by  the  gulf  competition. 

The  proximity  to  coal  and  other  supplies  is  gradually 
drawing  the  iron  industries,  that  have  not  already  moved, 
to  the  West,  while  for  the  same  reason  our  cotton  indus- 
tries are  being  drawn  to  the  South;  leaving  for  New  Eng- 
land her  historical  past,  her  universities  and  her  summer 
resorts. 

That  these  conditions  are  of  sufficient  moment  to  warrant 
anxious  investigation  has  been  shown  by  the  deep  interest 
upon  the  part  of  those  who  have  been  managing  the  steam- 
ship lines  from  Boston.  They  inform  us  we  must  look 
to  the  country  to  the  north  and  northeast  of  us  if  we  are 
to  maintain  our  position  as  a  commercial  port,  and  we  must 
offer  such  inducements  as  will  secure  the  produce  of  Can- 
ada that  should  come  to  us  for  export. 

For  six  months  of  the  year  Montreal  is  not  accessible 
by  steamers.  The  St.  Lawrence  is  frozen,  and  they  have 
to  seek  an  outlet  by  rail.    Boston  is  the  port  that  should  re- 


Railroads  and  the  Public.  23 

ceive  these  shipments  all  the  year  round.  Millions  have  been 
expended  in  deepening  and  removing  obstructions  from  thg 
St.  Lawrence,  and  in  the  summer  time  when  the  water  routes 
are  open,  the  transportation  of  freight  is  conducted  to  a 
large  degree  through  these  channels.  We  have  the  highest 
authority  in  commercial  affairs  to  say  if  we  had  reciprocity 
with  Canada,  that  a  valuable  trade  would  develop  between 
Boston  and  the  Dominion. 

Yet  we  are  advised  by  professional  politicians  that  we 
must  wait  for  ethical  reasons  until  the  time  is  ripe  before 
we  make  any  effort  to  improve  these  conditions.  Upon 
ethical  principles  there  are  no  men  better  prepared  to  ex- 
press opinions  than  the  railroad  employees.  In  our  organ- 
izations we  are  all  affiliated  with  and  under  the  same  laws 
as  our  Canadian  neighbors,  and  in  our  organizations  we 
are  ever  striving  to  strengthen  these  ties. 

It  is  fair  to  assume  that  the  nearer  we  draw  to  each 
other  commercially  the  more  united  we  will  become. 
While  Canada  and  Newfoundland  have  sought  a  modifica- 
tion of  existing  tariff  conditions  the  most  strenuous  opposi- 
tion to  such  treaties  as  have  been  drawn  has  been  taken  by 
certain  political  leaders  in  the  U.  S.  Senate.  It  is  becom- 
ing more  and  more  apparent  every  year  that  the  continu- 
ing of  this  policy  of  exclusion  of  the  natural  products  of 
these,  our  nearest  neighbors,  is  detrimental  to  the  indus- 
tries of  New  England  upon  the  prosperity  of  which  our 
railroads  depend.  This  is  especially  true  considering  the 
present  strong  agitation  in  favor  of  rate  regulation. 
Should  a  law  be  enacted  giving  to  a  governmental  commis- 
sion the  power  to  fix  rates,  this  may  be  used  as  such  power 
as  is  already  in  the  hands  of  the  Interstate  Commerce  has 
already  been  used  to  divert  traffic  from  the  ports  of  Boston 
and  New  York  to  such  ports  as  are  nearer  the  supply.  In 
the  face  of  such  probability  it  appears  to  us  a  matter  of 
self  interest  if  for  no  more  laudable  reason  that  railroad 


24  Railroads  and  the  Public. 

men  should  unite  and  assist  the  Boston  Chamber  of  Com- 
merce in  securing'  the  passage  of  such  legislation  as  will 
tend  to  the  enlargement  of  our  trade  with  Canada  and 
Newfoundland.  For  this  reason,  as  well  as  to  show  the 
public  our  interest  in  all  matters  of  such  general  import- 
ance we  freely  contributed  our  time  and  our  money  without 
compensation  either  directly  from  any  source  whatsoever. 
That  our  services  were  appreciated  is  shown  by  the  fol- 
lowing letter: 

Boston  Chamber  of  Commerce. 

Boston,  Mass.,  April  2y,  1905. 

Mr.  J.  E.  Miles,  Plymouth,  Mass., 

Chairman  Legislative  Board, 

Brotherhood  of  Locomotive  Engineers. 
Dear  Sir: 

I  think  the  work  you  suggest  doing  in  connection  with 
promoting  commercial  reciprocity  between  the  United  States 
and  Canada,  and  which,  indeed,  you  have  already  done  to 
a  very  substantial  extent,  is  admirable  and  cannot  fail  to 
be  productive  of  good  results.  Not  only  are  we  glad  of 
the  assistance  which  I  feel  the  work  conducted  in  the  man- 
ner you  indicate  can  be,  but  I  consider  it  a  most  hopeful 
sign  that  influential  labor  organizations  such  as  yours  are 
taking  an  active  and  intelligent  interest  in  commercial  prob- 
lems and  their  proper  solution.  It  Indicates  the  growing 
recognition  of  the  fact  that  the  interests  of  capital  and 
labor  are  identical,  and  that  the  prosperity  of  labor  is  un- 
separably  bound  up  with  the  general  commercial  prosperity. 

I  think  the  Brotherhood  of  Locomotive  Engineers,  an 
organization  which  stands,  I  think,  for  the  most  intelligent 
consideration  of  these  questions,  might  well  take  the  lead 
in  stimulating  interest  among  labor  organizations  generally 


Railroads  and  the  Public.  25 

in  these  larger  questions  which  concern  the  general  public 
welfare. 

If  I  can  be  of  any  service  to  you  in  this  connection  by 
advice  or  otherwise,  do  not  hesitate  to  call  upon  me. 

Very  truly  yours, 

Elwyn  G.  Preston,  Secretary. 

As  Gladstone  has  exemplified,  "Great  evils  are  cured  and 
revolutions  are  brought  about  by  protestation,  agitation 
and  demonstration." 

It  is  hard  to  expect  in  one  campaign  to  cure  the  result 
of  what  many  believe  to  be  the  greatest  diplomatic  error 
of  the  past  39  years,  ^^^e  appreciate  the  fact  that  we  must 
face  opposition  and  expect  many  set-hacks,  but  the  cause 
for  which  we  contend  1?  right  and  must  prevail  in  the  end. 
Some  tell  us  Canada  no  longer  cares  for  reciprocity  or  our 
friendship;  that  we  are  awakening  too  late  to  the  realiza- 
tion of  the  value  of  the  prize  that  might  have  been  ours. 
Others  tell  us  that  we  are  natural  rivals  and  competitors, 
and  that  we  should  not  expect  to  be  friends. 

We  cannot  believe  that  this  is  necessarily  true. 

Canada  has  a  w^ealth  of  natural  resources  and  beauty. 

We  have  riches,  power  and  influence.  Surely  the  fruits 
of  such  a  union  should  bring  benefits  to  both.  Will  it  not 
be  a  bright  chapter  in  the  history  of  the  Brotherhood  of 
Locomotive  Engineers  if  we  are  able  to  show  that  we  have 
been  an  influencing  factor  in  bringing  about  this  union? 
It  is  an  ideal  w^orth  striving  for — the  fellow  who  sticks 
wins.  "Amongst  us  democrats"  every  man  is  a  king.  No 
engineer  ever  pulled  President  Roosevelt  who  did  not  feel 
the  friendly  clasp  of  his  hand.  Many  times  we  have  had 
occasion  to  seek  advice  from  men  in  prominent  positions 
and  high  professional  standing  and  invariably  received 
every  consideration  and  courtesy  it  was  possible  to  extend. 
Encouraged  by  these  facts  it  was  decided  to  enter  the  di- 


2(i  Railroads  and  the  Public. 

plomatic  field  and  go  to  Canada  and  study  the  situation  for 
ourselves. 

A  favorable  opportunity  was  afforded  to  obtain  the  de- 
sired information  in  the  annual  Union  Meeting  of  the 
Canadian  members  of  our  order. 

July  2d  we  started  from  Boston;  our  destination  was 
Riviere  Du-Loup.  Our  party  had  been  augumented  by  dete- 
ctions from  other  parts  of  New  England,  until  at  New- 
port, Vermont,  that  night  we  registered  eighty-three. 

Upon  the  hotel  piazza  and  by  the  shores  of  Memphra- 
"^sg'og'-  reciprocity  with  Canada  was  discussed.  Upon  the 
lake  many  pleasure  parties  admired  the  beautiful  sunset  in 
Canada,  unconscious  of  the  fact  they  had  crossed  the  line. 
It  was  the  customs  official  next  morning  who  showed  us 
where  this  line  is  drawn. 

At  Levis  we  reach  the  St.  Lawrence;  upon  the  opposite 
shore  is  Quebec.  W'^hile  we  were  impressed  b)-"  its  grandeur 
we  were  also  awakened  to  the  commercialism  of  the  scene 
by  the  fleet  of  merchant  marine.  At  the  docks  were  mam- 
moth ocean  going  steamships,  sailing  vessels  and  pleasure 
craft  of  every  description.  Steaming  swiftly  with  the 
tide  and  river  was  a  heavy-laden  liner  outward  bound. 

We  asked  a  gentleman  near  us :  "You  cannot  have 
this  when  it's  cold?" 

He  replied :  "We  will  fix  all  that  in  good  time — from 
Labrador  to  Newfoundland  is  eight  miles.  Surveys  have 
been  made  to  dam  the  Straits  of  Belle  Isle,  shutting  out 
the  ice  from  the  north,  turning  the  gulf  stream  upon  our 
shores,  and  then  we'll  have  this  all  the  time." 

At  Riv.-Du-Loup  the  committee  of  arrangements  had 
expected  six  or  eight  hundred,  but  found  thousands  had  to 
be  provided  for,  but  all  were  well  taken  care  of  and  the  best 
of  good  nature  prevailed. 

It  was  the  night  before  the  Fourth  of  July,  and  we  wanted 
to  celebrate.  That  we  might  not  be  misunderstood  we 
asked  if  there  would  be  objection. 


Railroads  and  the  Public.  27 

Contrary  to  our  expectation  all  joined  heartily  in  the 
festivities,  and  from  the  piazza  of  our  hotel  applauded  our 
efforts  and  enjoyed  the  red  fire.  The  next  morning  small 
flags  were  provided  as  badges,  and  these  w^ere  worn  by  all. 

On  our  way  to  the  place  of  the  meeting,  Phil  Jones  was 
stopped  on  the  street  by  an  aged  man,  who  caressed  the  em- 
blem as  though  he  had  met  with  a  friend.  "Uncle  Sam — 
I  fought  for  him  at  Antietam,"  then  he  silently  turned 
away. 

After  dinner  at  Hotel  Victoria  an  old  man  looked  long- 
ingly at  the  flag  worn  by  Riley.  "I  fought  for  that  flag, 
sir;  I  was  in  Andersonville  prison,  too."  Instantly  the 
badge  was  affixed  to  the  breast  of  the  veteran,  and  as  these 
two  men  clasped  hands  not  another  word  was  spoken  by 
either,  but  a  strange  moisture  was  seen  in  their  eyes  as 
each  passed  on  his  way. 

And  yet,  they  tell  us  we  cannot  be  friends.  At  our  Bro- 
therhood meeting  were  engineers  from  all  parts  of  Canada, 
and  as  far  south  as  Texas.  States  as  far  west  as  Cali- 
fornia sent  delegates  to  this  meeting.  At  no  meeting  in 
our  memory  were  so  many  Grand  Officers  of  our  organiza- 
tion present  as  at  this  meeting  in  Quebec.  To  them  we 
outlined  our  purpose  and  explained  what  we  hoped  to  ob- 
tain. 

The  next  morning  arrangements  had  been  made  for  an 
excursion  out  on  the  Temiscouta  Railway.  A  special  train 
of  thirteen  cars  and  two  engines  was  furnished  by  this 
railroad  for  the  pleasure  of  such  of  our  party  as  cared  to 
go  over  the  line.  Upon  this  trip  we  saw  thriving  centres, 
boom  towns,  where  six  years  ago  there  was  scarcely  a 
house.  The  lumber  mills  have  made  all  this  possible.  The 
products  of  these  mills  are  carried  by  rail  to  the  States  or 
transferred  to  steamers  at  Cacouna  for  shipment  abroad. 

Upon  this  trip  we  talked  of  schemes  for  the  good  of  the 
order;  schemes  for  promoting  closer  cooperation  with  our 


28  Railroads  and  the  Public. 

officials  by  means  of  which  we  could  all  work  together  and 
from  which  mutual  benefit  could  be  derived.  We  discussed 
at  some  length  the  effect  of  friendlier  trade  relations  be- 
tween United  States  and  Canada,  and  all  agreed  that  to 
men  interested  in  transportation  there  could  be  but  one 
side  to  the  case. 

It  appears  to  be  the  most  logical  conclusion  that  it  would 
be  to  the  advanatge  of  all  if  we  could  have  loads  each  way. 

Having  loads  each  way — is  not  that  the  true  definition 
of  reciprocal  trade?  By  the  lake,  at  the  hotel  and  in  the 
shade  of  the  trees,  one  could  not  help  but  feel  impressed  by 
the  earnestness  with  which  these  matters  were  discussed. 

Strolling  from  group  to  group  one  could  readily  discern 
the  leaders  amongst  these  men.  Fortunate,  indeed,  is  our 
organization  in  Canada  to  have  in  these  leaders,  coupled 
with  ability,  the  principles  of  good  judgment  and  honesty 
— the  cardinal  virtues  in  leaders  of  men. 

The  next  morning  arrangements  having  been  made  with 
the  Richelieu  and  Ontario  Navigation  Company,  the 
steamer  Murray  Bay  was  brought  from  Montreal  for  a  trip 
to  Tadasac  and  up  the  Saganay  river  to  Ha  Ha  Bay.  At 
eight  o'clock  we  left  Cacouna,  the  "Newport  of  Canada," 
which  may  well  be  described  as  beautiful,  and  in  admiring 
the  scenery  we  were  soon  using  such  adjectives  as  grand, — 
wonderful. 

At  Cape  Trinity  and  Eternity  magnificent  perpendicular 
mountains  of  rock  nearly  2000  feet  high,  at  whose  base  our 
steamer  floated  upon  the  placid  waters  of  the  river  more 
than  2000  feet  deep,  we  could  find  but  one  word  to  express 
our  sentiments,  and  that  word  was — sublime. 

Upon  Cape  Trinity  a  statue  of  the  Virgin  Mary  has  been 
erected  by  a  pious  Frenchman  of  Quebec,  who  wished  to 
perform  some  pious  act  before  he  died  to  atone  for  his  short- 
comings. This  statue  is  32  feet  high,  yet  from  the  deck  of 
our  steamer  it  did  not  look  larger  than  a  doll.    We  stopped 


Railroads  and  the  Public.  29 

on  our  way  back  at  Tadasac,  the  oldest  settlement  in  Can- 
ada, visited  in  1535  by  Jacques  Cartier. 

Here  we  visited  a  little  old  church  built  in  1648  to  take 
the  place  of  the  log  hut  that  served  as  a  chapel  in  1639. 

Much  pretty  folk  lore  is  connected  with  this  little  parish. 

There  are  good  hotel  accommodations,  and  many  things 
to  attract  the  tourists.  There  were  many  pleasant  incidents 
upon  this  trip  that  are  long  to  be  remembered,  not  the  least 
of  which  were  the  pleasant  moments  spent  with  Messrs. 
Bouskell,  George  Mee  and  Kennedy,  men  known  from 
ocean  to  ocean  in  Canada,  and  respected  wherever  known. 

It  was  in  the  presence,  in  fact,  in  the  arms  of  these  men, 
at  a  banquet  in  Winnepeg,  held  in  his  honor  that  P.  M.  Ar- 
thur breathed  his  last.  Can  any  man  doubt  were  he  living, 
but  that  he  would  have  approved  of  our  work  of  today? 

That  night  as  our  boat  lay  at  the  pier  at  Cacouna,  o'er 
our  pipes  we  discussed  with  our  Canadian  brothers  the  pur- 
pose for  which  we  came. 

Tn  the  morning  we  started  for  Quebec.  We  were  all 
well  acquainted  by  this  time,  and  greeted  each  other  with 
an  utter  lack  of  formality.  Many  of  the  engineers  were 
accompanied  by  their  wives,  daughters,  or  sisters. 

The  time  was  spent  by  some  in  watching  the  scenery 
upon  either  river  bank.  Others  were  singing  or  dancing, 
while  a  few,  in  secluded  corners,  were  advocating  a  line  of 
reciprocity  not  touched  upon  by  the  Boston  Chamber  of 
Commerce.  When  women  exercise  the  right  to  vote  they 
will  organize  an  old  maid's  trust,  call  it  the  ladies'  auxiliary 
to  the  Home  Market  Club,  and  influence  legislation  for 
protection  against  foreign  competition.  Today  our  single 
old  ladies  and  embryo  spinsters  must  depend  upon  the  im- 
migration officials  to  protect  their  interests.  They  may 
employ  legal  counsel  to  prove  a  promise  to  "love,  honor  and 
obey"  given  in  consideration  of  value  to  be  received,  is  an 
infringement  of  the  contract  labor  law. 


30  Railroads  and  the  Public. 

Why  not  settle  all  these  questions  at  once.  Settle  them 
as  they  should  be  settled.  Settle  them  rightly.  Wipe  out 
this  so-called  imaginary  line.  Gladstone's  policy,  if  per- 
severed in,  can  accomplish  this  act. 

However,  the  gentlemen  from  Boston  are  not  discussing 
the  matrimonial  f|uestion  seriously;  they  refuse  to  be  in- 
fluenced by  President  Roosevelt's  advice,  or  coerced  by  the 
opinion  of  Grand  Chief  Stone,  who  would  have  them  be- 
lieve unless  they're  married  they're  losing  the  pleasures  of 
life. 

While  admitting  the  loss  of  conjugal  affection,  as  en- 
joyed by  some  of  their  fellows,  they  console  themselves 
with  the  thought.  "  'Tis  better  thus,  a  happy  bachelor,  and 
better  than  a  wife;  a  friend,  alone,  with  only  half  to  worry, 
and  more  than  twice  as  much  to  spend." 

Those  opposed  to  this  reasoning  will  be  given  an  oppor- 
tunity to  put  in  their  side  at  the  meeting  to  be  held  in  St. 
Thomas  in  1906. 

During  these  days  that  we  have  been  together  with  men 
who  represent  in  the  highest  degree  the  true  sentiments  of 
our  order,  not  one  dissenting  opinion  was  heard  to  our 
views.  We  are  perfectly  satisfied  with  the  result  of  our 
labors,  and  willingly,  without  argument,  we  submit  our 
case  for  your  decision. 

While  our  duties  were  light  and  mixed  with  much  pleas- 
ure, yet  we  at  all  times  kept  our  one  purpose  in  view. 
Shaking  off  all  cares,  and  in  perfect  abandon,  we  decided  to 
spend  a  few  days  in  Quebec,  whose  shore  we  are  now  draw- 
ing near. 

While  admiring  the  Falls  of  Montmorency  we  turned  to 
view,  with  rapture,  the  Citadel  of  old  Quebec,  with  the 
Chateau  Frontenac,  this  palace  hotel  in  the  foreground,  in 
perfect  accord  with  the  scene.  Recalling  the  history  of 
this  city  we  thought  of  Cartier  and  Champlain,  and  Fron- 
tenac's  reply  to  Phipps.       As  we  looked  at  the  guns  on  the 


Railroads  and  the  Public.  31 

citadel,  we  imagined  how  impressive  this  answer  could  have 
been.  We  thought  of  Wolf  and  Montcalm,  and  of  the 
plains  of  Abraham.  We  remembered  Montgomery  and 
Arnold,  and  asked  ourselves,  had  they  succeeded?  What 
then? 

Once  more  saying  good  bye  to  our  friends,  we  walked 
up  the  streets  of  Quebec,  and  enjoyed  every  step  that  we 
took.  While  the  beauties  and  pleasures  of  this  historic  city 
have  been  written  in  story  books,  time  tables  and  tourist 
guides,  it  can  never  be  appreciated  until  seen. 

In  the  evening  we  watched  from  the  King's  Bastion  the 
sunset  behind  the  Laurentian  mountains,  casting  a  golden 
hue  upon  the  clouds  of  the  western  sky,  while  in  the  valley 
by  the  side  of  the  river  were  the  picturesque  houses  of  the 
habitant  in  view. 

Could  this  picture  be  painted  on  canvass  it  would  be  con- 
demned as  untrue. 

Below  in  the  river,  handsome  pleasure  yachts  rode  at 
their  anchors,  while  the  Montreal  steamer  passed.  From 
the  churches  the  angelus  tolled,  the  same  as  for  hundreds 
of  years.  From  the  barracks  the  bugles  sounded,  and  we 
almost  feared  we  would  wake  up. 

The  full  moon,  like  a  ball  of  fire,  crept  slowly  up  from 
behind  the  heights  of  Levis.  It  all  seemed  too  real  to  be 
true.  We  slowly  descended  to  the  terrace  and  mingled 
with  the  fashionable  throng,  there  listening  to  the  band 
playing  Dixie.  We  grew  lonely,  thinking  of  loved  ones  at 
home. 

Earlv  the  next  morning  we  strolled  upon  the  ramparts 
and  later  accepted  the  courtesies  extended  by  the  Quebec 
Railway  Light  and  Power  Co.  to  go  over  their  line.  At 
the  Montmorency  Falls  an  interesting  hour  was  spent  about 
the  park  and  watching  the  water  tumble  from  a  precipice 
250  feet  high.  The  entire  quantity  does  not  come 
this      wav,      for     the      Montmorencv     has     been      "har- 


32  Railroads  and  the  Public. 

nessed,"  held  back,  turned  throug-h  another  channel 
and  made  to  generate  the  power  that  operates 
the  railway,  lights  the  city  of  Quebec,  and  turns  the 
shafting  of  a  large  numl^yer  of  manufacturing  plants.  The 
stop  at  Montmorency  Falls  was  only  incidental  to  our  real 
purpose,  which  was  a  visit  to  the  far-famed  shrine  of  St. 
Anne  De  Beaupre.  Of  this  place,  among  other  things, 
it  is  told  by  tradition  that  in  the  early  part  of  the  seventeenth 
century  some  Breton  mariners,  who  were  overtaken  by  a 
violent  storm  while  out  upon  the  river,  solemnly  vo\ved  to 
their  patron  saint  that,  if  delivered  from  the  dangers  sur- 
rounding them,  they  would  build  a  church  in  her  honor  on 
the  spot  at  which  they  would  land.  Faithful  to  their  vows 
they  built  the  church,  which  has  ever  been  known  as  La 
Bonne  Ste.  Anne.  This  humble  sanctuary  was  dear  to  all 
the  people  of  the  Cote  Beaupre,  but  especially  so  to  the  mar- 
iners. They  would  come  to  the  chapel  before  leaving  on 
their  trips  to  pray  and  place  themselves  in  the  care  of  the 
"Patroness  of  the  Seafarers."  The  purpose  that  was  back 
of  the  building  of  this  church  naturally  appealed  to  the  sym- 
pathies of  the  people  and  attracted  others  from  the  sur- 
rounding country  and  Quebec  to  come  to  pray  to  St.  Anne 
in  her  little  wooden  chai>el,  to  intercede  in  their  behalf  for 

blessings  they  wished  to  obtain. 

In  this  way,  more  than  250  years  ago.  the  pilgrimages 
began,  which  today  visit  the  shrine  from  all  parts  of  Can- 
ada and  the  United  States. 

We.  were  prepared  to  be  impressed  by  what  we  should 
see  at  the  shrine,  yet,  notwithstanding  this  fact,  we  were 
immeasureably  surprised.  Alighting  from  the  train  we  saw 
the  Basilica,  handsome  and  majestic,  erected  by  the  people 
as  a  token  of  love  and  veneration  to  the  memon.^  of  their 
beloved  Benefactress.  It  is  a  fine  specimen  of  Corinthian 
architecture  and  is  of  immense  proportions.  The  interior 
of  the  sacred  edifice  is  said  to  rival  the  most  famous  cathe- 


Railroads  and  the  Public.  33 

dral  of  the  world  in  beauty  and  grandeur.  As  we  entered 
the  church  we  passed  between  two  pyramids  of  crutches, 
canes,  trusses  and  splints,  upon  which  are  hung  spectacles, 
ear  trumpets  and  surgical  instruments  of  every  description 
left  by  their  former  owners  as  silent  testimonials  of  the 
saint's  intercession  in  their  behalf.  Passing  down  the  aisle 
we  came  to  a  handsome  statue  of  St.  Anne,  which  stands 
upon  a  marble  pedestal,  to  which  some  venerated  relics  of 
the  saint  have  been  attached. 

We  entered  one  of  the  pews  and  watched  the  eager  faces 
of  sufferers,  many  of  whom  have  come  bereft  of  all  hopes 
of  relief  to  be  obtained  through  the  knowledge  of  science,  to 
ask  intercession  in  their  behalf.  These  suppliants  knelt 
before  the  statue,  which  stands  over  what  is  a  reliquary  of 
the  mother  of  the  Virgin  Mary.  Watching  them  pray  we 
asked  ourselves  if  it  would  not  be  a  pity  to  weaken  this  faith 
or  dim  what  may  be  their  only  ray  of  hope?  We  saw 
these  people  come  and  go,  some  apparently  from  the  hum- 
bler walks  of  life,  crippled  and  suffering  the  torture  of  pain. 
Others  there  were  of  a  more  cultured  and  refined  appear- 
ance, apparently  blessed  with  all  the  comforts  of 
life,  yet  who  can  say  which  bears  the  heavier  cross? 
Coming  as  idlers  and  sightseers,  we  soon  found  ourselves 
in  an  atmosphere  entirely  out  of  keeping  with  the  spirits  of 
these  souls. 

The  mentalists  and  ihe  materialists  have  tried  to  explain 
and  to  trace  to  natural  causes  the  wondrous  benefits  received 
at  this  shrine,  as  they  have  tried  in  other  ways  to  explain 
the  mystery  of  life  itself. 

Their  logic  and  reasoning  is  as  a  passing  cloud  'neath  a 
clear  sky,  dimming  for  the  time  being  the  brightness  of 
light,  but  upon  their  going  once  more,  the  sunlight  and 
warmth  returns,  and  so  it  has  been  for  2000  years.  There 
is  a  something  that  has  never  been  explained:  a  something 
which  controls  the  body,  this  house  we  live  in,  which  decays 


34  Railroads  and  the  Public. 

when  this  undefinable  something  called  a  spirit  passes  away. 

Gradually  it  dawned  upon  us  that  in  the  midst  of  such 

piety  and  faith  we  were    as  "the    uninvited    guest    at    the 

feast."     Slowly  we  left  the  church,  resolved  when  we  could 

view  its  treasure  with  a  spirit  more  in    keeping   with    the 

place  we  would  come  again.     No  man  visiting  this  shrine 

can  go  away  doubting  the  fact  that  miracles  are  performed. 

Joaquin  Miller,  more  familiarly  known  as  the  "Poet  of 

the  Rockies,"  says :     "During  the  month  I  spent  in  Quebec, 

I  often  conversed  with  men  of  quality,  lawyers,  writers,  etc., 

and  I  did  not  meet   with   any   who  doubted   the  efficacy  of 

prayer  addressed  to  St.  Anne. 

"For  my  part,  I  have  not  seen  the  blind  recover  their 
sight,  but  an  English  lady  of  great  distinction,  Mrs.  G.  P., 
related  to  me  the  details  of  the  cure  of  a  little  girl  ten  years 
old.  who  had  been  blind  from  her  birth.  I  never  heard  a 
more  charming  and  pathetic  tale.  .All  that  I  know  is  that 
it  is  true.  The  narrator  is  of  most  honorable  family:  she  is 
a  friend  of  one  of  the  greatest  of  living  [xjets.  and  one  of 
her  brothers  is  a  literary  celebrity. 

"That  lady  led  me  one  day  into  the  humble  chapel  of  the 
convent  of  St.  Anne.  In  a  corner,  a  nun,  dressed  in  black, 
was  kneeling.  She  was  blind.  She  had  come  from  a  dis- 
tance; she  spent  her  whole  days  in  prayer,  waiting  to  be 
cured.  'Will  she  recover  her  sight?'  asked  I.  'Yes,  most 
certainly,'  answered  the  good  lady,  and  she  related  marvel- 
ous things  she  had  witnessed  at  St.  Anne's. 

"That  same  day.  1  remarked  in  the  church  a  poor  old 
man  all  crippled,  and  so  weak  that  he  could  not  even  use 
cratches.  They  helped  him  to  drag  himself  as  far  as  the 
statue.  He  sank  down  at  its  foot.  As  I  had  not  come  to 
pray,  but  to  see,  1  attentively  fixed  my  eyes  on  that  man. 
Nor  could  T  easily  detach  them  from  thcJse  features  in  which 
feeling  and  life  seemed  extinct,  and  so  deadly  pale.  Yet  the 
sufferer  raised  his  head  and  his  lips  moved.     \  will  say  no 


Railroads  and  the  Public.  35 

more,  lest  I  might  profane  the  subject.  Let  me  merely  add 
that  I  saw  the  old  man  restored  to  health,  if  not  to  youth, 
He  arose,  and  I  followed  him  as  far  as  the  door.  There,  he 
took  his  travelling-bag  and  his  stick,  and  began  to  walk 
with  a  vigorous  step.  I  followed  him  for  a  while.  No 
doubt  could  remain;  he  was  cured. 

"You  may  think  it  absurd  that  an  old  dreamer  and  an  old 
rhymer,  who  never  had  faith  in  any  religion,  and  who  never 
had  time  to  pray,  should  be  caught  relating  such  facts,  giv- 
ing his  word  of  honor  that  all  that  has  just  been  said  is  the 
sober  and  perfect  truth.  But  so  it  is,  the  truth,  and  T  know 
that  the  miracles  attributed  to  St.  Anne,  the  good  St.  Anne 
de  Beaupre,  as  they  call  her,  are  authentic,  and  that  if  mira- 
cles were  wrought  in  olden  times,  they  are  still  wrought 
nowadays. 

"There  may  come,  and  doubtless  there  will  come  hither 
many  American  travelers  disposed  to  laugh  at  all  they  see. 
Americans  are  so  found  of  laughing.  But,  allow  me  to  say 
it,  this  feature  of  our  national  character,  which  makes  us 
smile  at  what  we  don't  understand,  and  treat  with  contempt 
ideas  current  elsewhere,  sometimes  goes  a  great  deal  too 
far." 

Returning  to  town,  most  of  our  party  were  bent  upon 
visiting  the  places  of  interest  in  a  calache.  The  calache  is 
the  vehicle  in  demand  by  the  majority  of  tourists,  and  it  is 
a  common  sight  to  see  one  standing  in  front  of  a  church  or 
monument  while  the  photographer  takes  the  picture  of  a 
couple  that  despite  all  efforts  to  look  natural,  are  showing 
by  unmistakable  signs  they're  on  their  honeymoon.  In  our 
drive  we  visited  the  churches,  saw  the  convents  and  monu- 
ments, telling  of  sacrifice  and  valor.  We  strolled  into  the 
fort  on  the  citadel,  where  a  cannon  captured  in  the  Battle 
of  Bunker  Hill  is  kept  and  shown  as  a  prize.  Perhaps  the 
English  think  that  victory  too  doubtful  to  keep  the  relic  at 
home.     They  well  might  guard  it  carefully;  it  was  all  they 


36  Railroads  and  the  Public. 

could  ever  show.  We  suggested  to  some  whom  we  met 
here,  that  if  they  were  in  Charlestown  on  a  17th  of  June 
they  would  know  what  we  think  of  that  fight.  Standing 
beside  that  old  cannon  we  talked  of  Montgomery,  the  Bos- 
ton Tea  Party,  and  the  men  of  '75.  We  felt  justly  proud 
of  Montgomery  and  longed  to  see  where  he  fell.  We  told 
one  another  the  story  of  his  march  to  Montreal,  which  he 
entered  without  opposition,  and  how  aferwards  he  entered 
Quebec ! 

He  passed  the  plains  of  Abraham,  no  one  opposing  him 
there.  At  the  outskirts  of  the  town  he  divided  his  forces, 
which  he  hoped  would  meet  at  the  foot  of  Mountain  Hil' 
and  join  in  a  combined  attack. 

Upon  Champlain  street  Montgomery  came  upon  a  forti- 
fied block  house  guarding  the  narrow  pass.  A  murderous 
fire  of  grape  and  canister  was  poured  upon  the  general  and 
his  followers.  Montgomery  and  two  of  his  aids,  Majors 
Cheesman  and  McPherson,  were  killed,  together  \vith  thir- 
teen of  their  followers.  At  the  place  where  this  fight  oc- 
curred we  found  on  the  side  of  the  cliff  a  bronze  tablet  upon 
which  was  inscribed: 

"Here  stood 

The  Undaunted  Fifty 

Safeguarding 

Canada 

Defeating  Montgomery 

At  the  Pres.  DeVille  Barricade 

On  the  last  day  of 

1775 

Guv  Carleton 

Commanding  at 

Quebec. " 


Railroads  and  the  Public.  37 

While  high  up  on  the  cliff  a  plain  black  wooden  sign  with 
raised  letters  painted  white,  read : 

"Montgomery 
Fell 
Dec.  31  1775." 

This  sign  appeared  cheap,  almost  a  travesty  upon  the 
memory  of  a  brave  man.  Looking  in  our  guide  book*  and 
reading :  "This  sign-board  was  put  here  many  years  ago  by 
some  generous-hearted  Irish-Canadians  residing  in  that  part 
of  the  city  who  raised  the  money  necessary  by  a  subscription 
among  themselves."  The  sign-board  shone  brighter  than 
gold  when  we  read  how  it  came  to  be  there. 

Home  rule  was  tne  watchword  01  Montgomery.  Amer- 
ica for  Americans — what  he  sought  to  obtain. 

Back  in  the  lower  town  we  took  a  boat  up  the  river  to  St. 
Romaldo  to  see  the  "new  bridge."  This  bridge  when  com- 
pleted will  be  the  largest  cantelever  bridge  in  the  world. 
For  more  than  fifty  years  this  proposition  has  been  agitated. 
In  1852,  at  the  request  of  the  Citv  Council,  elaborate 
plans  were  made  for  the  erection  of  a  suspension  bridge  at 
this  place.  Adverse  circumstances  prevented  the  execu- 
tion of  these  plans,  but  the  political  and  commercial  necessity 
of  this  connection  has  ever  been  allowed.  When  the  Mar- 
itime Provinces  came  into  the  Canadian  Confederation,  in 
1867,  one  of  the  conditions  of  this  union  was  the  building 
of  railway  connection  between  Halifax  and  Quebec. 

This  condition  was  not  literally  fulfilled,  for  although  the 
Intercolonial  Railway  was  built  it  came  only  to  Levis  upon 
the  opposite  shore  to  Quebec. 

To  complete  this  national  system  a  company  was  formed 
in  1887  under  the  name  of  the  Quebec  Bridge  Company, 
but  little  progress  was  made  for  years.  In  1896  a  vigorous 
press  campaign  led  by  a  local  Commercial  Review,  edited  by 

♦Carrell's  Guide  to  Quebec. 


38  Railroads  and  the  Public. 

Mr.  Ulric  Barthe,  a  journalist  of  wide  political  experience 
revived  the  idea. 

In  1897  the  Bridge  Company  was  reorganized,  and 
through  the  selection  of  Hon.  S.  N.  Parant  as  President, 
the  success  of  the  project  was  assured.  Mr.  Parant  as 
Mayor  of  the  City  of  Quebec  and  Premier  of  the  Province, 
has  gained  a  reputation  of  exceptional  high  degree,  which 
by  his  business  skill  and  administrative  ability  he  continues 
to  maintain.  President  Parant  upon  assuming  the  duties 
of  his  office,  secured  the  assistance  of  Mr.  Barthe  as  the 
secretary,  and  by  the  untiring  efforts  of  these  two  men  the 
help  of  the  Dominion  Government  and  of  the  Province  and 
City  of  Quebec  was  secured. 

In  1903  the  Dominion  Government  under  Sir  Wilfred 
Laurier,  ensured  the  construction  of  a  new  trans-continental 
railway,  and  considering  the  proposed  bridge  as  a  link  in 
that  huge  enterprise,  granted  to  the  company  a  national 
guarantee  of  bonds  to  the  amount  of  its  estimates,  viz: 
$6,678,000. 

The  location  selected  for  crossing  the  river  is  ideal  for  the 
purpose.  Two  rocky  embankments  of  the  same  height  face 
each  other  at  this  place,  and  narrows  the  river  to  one- 
fourth  of  its  average  width.  These  natural  portals  which 
nature  has  furnished  are  perfectly  harmonious  to  the  whole. 

We  found  much  to  interest  us  in  the  progress  already 
made,  and  we  discussed  the  effect  it  would  have  upon  the 
commerce  of  the  States. 

The  late  James  T.  Furber  as  General  Manager  of  the  Bos- 
ton &  Maine  has  stated  as  his  opinion  that  the  traffic  between 
Boston  and  Quebec  would  be  doubled  when  a  bridge  crossed 
the  St.  Lawrence  at  Quebec. 

Since  that  time  millions  have  been  spent,  and  new  capital 
is  being  invested  in  what  but  a  few  years  ago  was  practical- 
ly a  country  unknown. 

The    Quebec  and  Lake  St.  John  Railway  are  extending 


Railroads  and  the  Public.  39 

their  lines  and  building  branches  to  points  where  water 
power  may  be  utilized  for  manufactories,  all  of  which  for 
at  least  several  months  of  the  year  will  use  the  bridg^e  to 
find  an  ice  free  port  for  their  products.  Assuming  traffic 
will  take  its  natural  course  Boston  should  get  a  large  share 
of  this  commerce. 

This  railroad  also  opens  up  forests  of  spruce,  cypress  and 
poplars,  and  such  woods  as  are  best  fitted  for  pulp  making, 
while  the  valleys  are  said  to  be  as  fertile  as  any  of  all  Can- 
ada. When  the  bridge  is  completed,  tourists  and  vacation- 
ists coming  from  New  York  and  the  South,  will  enter 
Quebec  without  change.  It  is  hoped  to  make  this  possible 
in  1908,  and  Senator  Choquette  is  advocating  celebrating  the 
event  as  well  as  the  third  centennial  of  the  founding  of  the 
city  by  an  international  exposition  at  Quebec. 

In  the  evening  we  went  to  the  Island  of  Orleans.  Here 
we  watched  the  ships  pass  and  enjoyed  the  cool  breeze  from 
the  river.  The  roar  of  the  water  tumbling  over  the  falls  of 
Montmorency  was  distinctly  audible,  lending  a  charm  to  the 
scene.  As  the  lights  of  Quebec  and  Levis  shone  dimly 
in  the  bright  moonlight  we  listened  to  this  story  of  Quebec 
and  Montreal. 

Jaques  Cartier,  a  native  of  St.  Malo,  France,  who  for 
some  years  had  been  engaged  in  the  cod  fisheries  of  New- 
foundland, fitted  out  an  exploring  expedition  and  came  up 
the  St.  Lawrence  to  Quebec.  Leaving  his  ships  he  went  on 
to  Hoclega,  an  Indian  village,  where  he  was  kindly  received. 

He  was  conducted  by  his  Indian  hosts  to  the  top  of  the 
mountain,  and  was  so  impressed  by  the  magnificent  view 
that  he  gave  it  the  name  of  Mount  Royal,  and  with  a  slight 
corruption  this  gives  us  the  Montreal  of  to-day.  Nearly  a 
hundred  years  after  this,  or  in  161 1,  Samuel  De  Champlin, 
a  French  naval  oflFicer  who  for  some  years  had  been  engaged 
in  trading  expeditions  along  the  gulf,  came  up  the  river  and 
founded  a  settlement  at  Quebec.       About  thirty  years  after- 


40  Railroads  and  the  Public. 

wards  two  gentlemen  of  France,  a  tax  collector  of  Anjou, 
and  a  young  priest  named  Jean  Jacques  Olier,  planned  and 
started  with  an  expedition  of  some  forty  men  and  a  few 
women  to  found  a  colony  at  Montreal. 

The  fur  trade  was  developed  gradually,  and  after  about 
fifty  years,  Louis  the  Fourteenth  commencing  to  show  some 
interest  in  the  colony,  sent  over  soldiers,  settlers,  farming 
stock,  and  a  number  of  young  women  as  wives  for  the  set- 
tlers. Inducements  were  given  to  discharged  soldiers  to 
settle  in  the  new  country.  Land  was  given  to  officers  of 
the  regiments  who  became  the  seigneurs  and  subdivided 
the  land,  granted  by  the  king,  amongst  their  soldiers  after 
reserving  sufficient  for  themselves. 

This  subdivision  was  made  in  narrow  strips  extending 
some  distance  back.  The  plan  had  the  purpose  of  concen- 
trating the  houses  and  created  a  line  of  sentinels  ready  to 
give  the  alarm  when  the  hostile  Indians  approached.  The 
Seigneur  was  expected  to  build  a  church,  stores  and  a  ma- 
nor house,  which  all  would  seek  for  protection  in  times  of 
danger.  From  this  it  is  thought  the  spirit  of  hospitality 
proverbial  in  the  French  habitant  of  to-day,  is  inherited. 
If  you  ride  up  to  one  of  these  houses  and  ask  for  refresh- 
ments, the  best  the  house  affords  is  placed  at  your  disposal, 
and  no  matter  how  poor  the  inhabitant  may  be  it  is  absolute- 
ly impossible  to  leave  pay  for  what  you  receive. 

The  early  seigneurs  unfortunately  did  not  take  kindly  to 
the  dull  life  of  a  town  trader  or  an  agriculturalist,  but  would 
depart  for  the  woods  and  engage  with  the  Indians  in  the 
fur  trade,  the  excitement  and  adventure  of  which  were  more 
congenial.  These  men  were  among -the  pioneers  that  led 
to  the  discovery  of  the  Ohio  River  and  the  Rocky  Moun- 
tains; they  explored  the  Mississippi  and  paved  the  way  to 
the  founding  of  Detroit,  St.  Louis  and  New  Orleans. 

The  colonists  looked  to  the  king  for  support  on  every 
occasion.      Corruption  became  rife  amongst  government  of- 


Railroads  and  the  Public.  41 

ficials.  The  worst  of  the  crowd  of  scoundrels  who  were 
doing  their  best  to  ruin  the  colony,  was  a  man  named  Bigot 
the  Intendent,  who  was  practically  civil  governor.  Bigot 
and  his  subordinates  were  guilty  of  every  kind  of  fraud  and 
robbery.  Amongst  all  the  thieving,  gambling  and  li- 
centiousness prevailing  at  the  time  there  were  many  noble 
women  and  men  of  high  character  who  worked  incessantly, 
though  in  vain,  to  avert  what  they  felt  would  be  the  in- 
evitable end.  The  hospital  nuns,  usually  ladies  of  gentle 
birth  and  culture,  gave  their  whole  lives  to  the  attention  of 
the  sick  and  wounded. 

The  emigrant  ships  from  France  would  bring  in  infection 
of  some  sort,  whilst  incessant  wars  and  quarrels  turned  in 
a  supply  who  depended  almost  entirely  upon  the  nuns'  skill 
for  relief.  These  good  women  oftentimes  after  unspeak- 
able suffering  gave  up  their  lives  to  comfort  the  unfortunate. 

The  English  had  made  two  unsuccessful  attempts  against 
the  colony,  but  in  1758  they  came  over  more  powerful  than 
ever  before.  They  landed  here  on  the  Island  of  Orleans 
from  which  they  made  some  unsuccessful  attacks  upon  the 
French.  Later  a  detachment  under  General  Wolf  through 
strategy  or  treachery  of  a  sentinel  got  within  the  lines  of 
Montcalm,  who  was  awaiting  at  Beauport,  expecting  an  at- 
tack at  that  point,  and  it  was  only  at  daylight  the  next 
morning  he  became  aware  of  the  advantage  his  enemy  gained 
over  him  during  the  night.  He  came  into  town  and  met 
Wolf  upon  the  plains  of  Abraham,  where  each  found  their 
death  in  the  cause  for  which  they  fought.  This  was  the 
beginning  of  the  end  of  the  rule  of  France  in  Canada,  and 
ever  since,  the  rule  of  England  has  been  supreme.  When 
the  New  England  colonies  revolted  against  the  British  they 
found  little  sympathy  upon  this  side  of  the  line,  and  after 
the  unsuccessful  attempt  of  Montgomery  and  the  fruitless 
siege  of  Quebec  by  his  successor,  General  Arnold,  the 
Americans  withdrew  from  Quebec. 


42  Railroads  and  the  Public. 

Before  the  Civil  war  in  the  States,  many  wealthy  south- 
ern planters  came  to  summer  in  Quebec,  which  had  a  ten- 
dency to  establish  a  spirit  of  friendliness  toward  the  people 
of  that  section  and  considerable  sympathy  was  extended  to 
them  in  their  cause.  This,  together  with  England's  un- 
mistakeable  attitude  at  this  time  caused  a  feeling  of  resent- 
ment in  the  States  against  the  people  upon  this  side  of  the 
line.  This  feeling  many  think  was  the  cause  of  abrogating 
the  trade  treaty  of  1854,  which  has  always  been  conceded 
to  be  of  great  bene^t  to  us  all.  While  for  a  long  time  this 
action  upon  the  part  of  the  United  States  caused  much 
hardship  to  Canada,  it  has  ultimately  proven  a  blessing  by 
developing  in  the  Canadians  a  spirit  of  self-reliance,  and  the 
building  up  of  a  trade  with  other  than  the  United  States. 

If  we  would  know  what  this  trade  really  is,  at  Quebec 
is  the  best  place  to  judge.  This  is  the  "Sentinel  City"  of 
Canada,  the  "Gate-Way"  through  which  commerce  must 
pass. 

There  are  many  other  channels  of  communication,  but 
through  Quebec  is  the  natural  course. 

Upon  the  attitude  of  Quebec  the  Dominion  Government 
will  stand  or  fall.  This  is  no  "snap-shot"  opinion,  but  the 
bald  assertion  of  one  of  Canada's  ablest  statesmen,  and  an 
influential  member  of  the  governmental  party  of  to-day. 

The  leading  issue  under  which  this  party  went  into  power 
was  the  promise  to  secure  freer  trade  with  the  United  States. 

The  Boston  Home  Market  Club  would  have  us  believe 
that  owing  to  changed  conditions  this  policy  of  the  party 
has  been  changed.  If  this  is  the  case  can  we  not  learn  the 
fact  for  ourselves? 

Knocking  the  ashes  from  our  pipes  we  were  soon  on  the 
deck  of  the  steamer  which  was  taking  us  back  to  Quebec. 
This  was  to  be  our  last  night  in  the  city,  for  on  the  morrow 
our  party  must  leave.  We  considered  the  advisability  of 
one  of  us  remaining,  and  the  proposition  was  kindly  receiv- 


Railroads  and  the  Public.  43 

ed.  This  would  be  a  delicate  mission  requiring  the  exer- 
cise of  tact. 

Whoever  accepted  this  duty  should  agree  that  the  main 
question  now  is,  how  far  the  Canadians  themselves  are  will- 
ing to  go  toward  negotiating  a  reciprocity  treaty.  They 
should  be  permitted  to  understand  that  the  sentiment  on  the 
United  States  side  of  the  line  is,  in  some  quarters,  not  any 
more  favorable  toward  a  reciprocity  treaty  than  in  Canada, 
and  therefore  "there  are  no  ripe  plums  about  ready  to  be 
shaken  into  anybody's  apron."  If  our  Canadian  friends 
want  to  have  closer  trade  relations  with  us,  they  must  show 
a  reasonable  willingness  to  meet  us  half  way. 

In  the  Quebec  Telegraph  of  July  11,  the  following  notice 
appeared,  and  answered  as  a  letter  of  introduction. 

"Quebec's  trade  zvith  the  United  States. 

That  and  other  subjects  engaging  the  attention  of  Mr.  Miles 
of  the  Brotherhood  of  Locomotive  Engineers. 
John  E.  Miles,  chairman  of  the  legislative  board  of  the 
Massachusetts  Brotherhood  of  Locomotive  Engineers,  is  in 
town,  a  guest  of  the  Clarendon  hotel.  He  has  recently  re- 
turned from  a  meeting  of  the  Brotherhood  of  Engineers 
held  at  Fraserville,  and  is  now  engaged  in  studying  the  re- 
ciprocal sentiment  of  the  people  of  this  province  with  re- 
gard to  better  trade  relations  between  the  two  countries. 

It  may  seem  strange  for  a  man  holding  the  position  that 
Mr.  Miles  does  to  be  devoting  his  time  to  questions  of  politi- 
cal economy,  but  this  is  just  w^hat  Mr.  Miles  is  doing,  and 
more  than  this,  he  is  gathering  data  for  a  chapter  in  a  book 
which  he  is  compiling,  and  which  will  shortly  make  its  ap- 
pearance. The  object  of  this  book  is  to  bring  about  a  bet- 
ter feeling  and  understanding  between  the  official,  the  em- 
ployee and  the  public  on  railroads,  and  particularly  between 
the  Brotherhood  which  Mr.  Miles  represents  and  the  other 
two  important  factors  of  peace  and  harmony. 


44  Railroads  and  the  Public. 

Reciprocity  with  Canada  is  now  becoming  one  of  the  lead- 
ing legislative  questions  in  the  neighboring  States  of  this 
and  other  provinces,  but  is  being  more  debated  upon  in  the 
State  of  Massachusetts  than  any  other.  This  State's  trade 
relations  with  the  Maritime  Provinces  is  very  considerable 
and  naturally,  if  Canada's  trade  policy  between  the  neigh- 
boring Republic  becomes  more  restricted,  this  State  will  in 
consequence  be  the  greatest  sufferer,  and,  as  Mr.  Miles  says, 
"the  workingman  shares  in  the  progress  or  decline  of  trade, 
in  any  country."  This  is  why  so  many  labor  associations 
of  the  United  States  and  Canada  are  taking  up  the  vital 
questions  of  the  day,  studying  them  in  the  interest  of  the 
national  welfare  of  their  respective  countries  and  indirectly 
for  themselves. 

Mr.  Miles'  position  is  certainly  an  important  one  and  car- 
ries a  very  great  influence  over  the  Brotherhood  which  he  is 
a  member  of. 

In  conversation  with  the  writer  he  said : — 

"We  are  free  from  all  alliances  and  work  for  the  general 
result  as  an  organization  of  men  having  vital  interests  in 
the  commercial  prosperity  of  our  country. 

"We  can  see  from  the  papers  as  well  as  on  account  of  the 
general  good  times  throughout  Canada  that  there  is  less 
anxiety  to  secure  friendlier  commercial  relations  with  the 
United  States.  Canada  has  surely  done  her  part.  She 
has  come  to  us  with  the  fairest  of  offers,  which  were  not  ac- 
cepted, and  returning  home  we  believe  she  is  justified  in 
feeling  any  further  overtures  should  come  from  us. 

"We  respect  her  highly  for  such  a  feeling,  and  it  is  no 
less  than  we  should  expect  from  a  people  of  common  origin 
as  our  own. 

"Volumes  have  been  written  on  reciprocity,  tariff  for 
revenue,  and  free  trade.  The  ablest  men  of  the  country 
are  divided  upon  the  subjects,  yet  in  the  face  of  this  knowl- 
edge we  venture  to  print  our  views  from  the  standpoint  of 


Railroads  and  the  Public.  45 

men  who  to  attain  their  advancement  must  see  their  freight 
trains  loaded  and  their  passenger  trains  patronized.  If  a 
merchant  or  manufacturer  feels  he  can  make  more  money  or 
increase  his  business  if  we  establish  a  friendlier  trade  treaty 
with  Canada,  it  will  require  no  very  deep  student  of  political 
economy  to  know  this  cannot  be  done  without  making  bus- 
iness for  the  transportation  companies.  A  man  who  would 
not  back  this  proposition  as  a  good  thing  does  not  deserve  a 
chance  on  a  sure  thing. 

"The  great  mass  of  our  people,  we  believe,  are  in  favor  of 
friendlier  relations  with  Canada,  and  upon  this  ground 
we  think  President  Roosevelt,  already  pledged  to  reciproc- 
ity, would  be  justified  in  inviting  Canada  to  consider  with 
us  the  proposition  of  establishing  friendlier  trade  rela- 
tions." ' 

In  the  month  spent  in  Quebec  I  met  writers,  railroad  of- 
ficials and  merchants,  as  well  as  prominent  influential  citi- 
zens, and  formed  many  social  acquaintances. 

Upon  July  26  I  solicited  an  interview  with  Senator  Cho- 
quette,  asking  his  permission  to  publish  his  views  as  to  the 
attitude  of  the  Canadian  Government  in  reference  to  reci- 
procity with  the  United  States.  The  interview  was  court- 
eously granted,  and  the  Hon.  Senator  most  freely  express- 
ed his  ideas.  What  a  serious  matter  to  quote,  unless  such 
an  acknowledged  authority  is  quoted  correctly,  and  I  hesi- 
tated about  writing  his  words.  Senator  Choquette  replied, 
"Call  this  afternoon  at  two,  I  will  send  for  the  editor  of 
my  paper,  and  we  will  go  over  this  matter  together  and 
have  him  publish  my  views."  The  influence  which  this 
member  of  Parliament  carries  to  support  these  ideas  is  told 
by  the  Quebec  Telegraph  of  July  26. 

"Senator  Choquette  has  evidently  made  for  himself  a 
warm  spot  in  the  hearts  of  his  own  countrymen.  And  he  is 
there  to  stay.  What  other  reason  is  there  to  account  for 
the  abuse  and  calumny  continually  heaped  upon  him  in  a 


46  Railroads  and  (he  Public. 

section  of  the  Ontario  press?  From  day  to  day  its  mis- 
guided and  unthinking  readers  are  filled  with  fear  and  dis- 
may. \\'henever  the  Honorable  Senator  rises  to  si)eak:, 
they  shiver  and  shake,  expecting  every  moment  to  see  him 
wave  the  banner  of  revolt.  And  their  unfounded  fears  are 
constantly  fed  by  ultra  timid  reporters,  who  to  suit  their 
readers'  tastes  and  serve  the  passing  purpose  of  the  hour, 
change  and  garble  his  words  into  an  unrecognizable  mass 
of  distortions." 

At  the  meeting,  with  his  editor.  Senator  Qioquette  ex- 
pressed these  sentiments,  as  indicating  Canada's  position 
to-day : 

"Our  American  neighbors  are  beginning  to  find  out  that 
others  can  play  the  same  game  as  themselves.  Accustom- 
ed as  they  have  been  to  imposing  their  prohibitive  duties  on 
the  products  of  other  countries,  they  have  awakened  with 
some  surprise  to  the  fact  that  the  tables  are  being  turned 
upon  themselves,  that  they  can  no  longer  close  their  own 
markets  without  meeting  retaliation,  and  that  the  adoption 
to  any  extent  by  other  nations,  of  their  selfish  policy  of  ex- 
clusion contributed  a  serious  menace  to  their  commercial 
future.  '  Hence  the  demand  that  is  arising  among  them  for 
a  relaxation  of  that  policy,  and  for  the  holding  of  a  con- 
vention at  Qiicago  next  month  to  consider  the  necessity  of 
replacing  it  by  a  policy  of  more  liberal  exchange,  by  the  es- 
tablishment of  better  reciprocal  trade  arrangement  with  the 
outside  world.  But  in  all  the  agitation  on  the  subject  one 
thing  is  noticeable  above  all — that  the  American  mind  is 
haunted  by  the  idea  that  the  advantages  must  be  all  on 
their  side,  and  that  they  should  get  something  substantial 
for  little  or  nothing  in  return.  They  constantly  talk  of  the 
great  advanatges  to  them  from  trifling  concessions  on  their 
part.  Instead  of  trying  to  convince  us  that  reciprocity 
would  be  profitable  to  us,  they  tell  us  that  it  is  necessary  to 
them,  and  in  their  selfishness  they  regard  this  as  a  conclu- 


Railroads  and  the  Public.  47 

sive  argument.  As  far  as  Canada  is  concerned  they  can 
summarily  dismiss  the  hope  of  ever  g-etting"  our  consent  to 
any  jug  handled  bargain.  The  day  for  that  has  passed 
forever.  They  forget  that  the  Canada  of  today  is  not  the 
Canada  of  fifty  years  ago,  that  in  the  interval  it  has  become 
emancipated, — that  it  is  no  longer  dependent  upon  the 
American  market,  and  that  it  cannot  be  forced  into  annexa- 
tion or  any  other  course.  This  does  not  mean  to  say  that 
we  are  opposed  to  a  proper  reciprocity  treaty  with  our  neigh- 
bors. On  the  contrary,  we  believe  that  a  fair  commercial 
arrangement  of  the  kind  would  be  beneficial  to  us,  for,  af- 
ter all,  the  United  States  is  our  natural  market.  But,  while 
we  ardently  desire  such  an  arrangement,  and  the  Liberal 
Government  at  Ottawa  is  willing  to  do  anything  possible 
in  reason  to  cultivate  the  best  relations  and  to  promote  the 
greatest  trade  between  the  two  countries,  we  are  neither 
going  to  beg  for  it,  nor  need  our  American  friends  ever  ex- 
pect to  negotiate  with  us  successfully  on  the  principle  of 
great  advantages  to  them,  and  slight  concessions  to  us.  The 
advantages  must  be  the  same  on  both  sides.  Consequent- 
ly the  concessions  must  be  equal  or  we  will  not  do  business. 
If  our  American  neighbors  want  to  know  exactly  how  far 
we  are  prepared  to  go  in  our  dealings  with  them,  we  may 
state  briefly  that  we  will  not  go  as  far  as  annexation,  nor  one 
step  further  than  our  interests  dictate.  It  is  nothing  to  us 
that  free  trade  or  reciprocity  is  now  deemed  necessary  to 
the  United  States  to  all  or  to  some.  They  have  not  treated 
us  so  well  in  the  past  as  to  inspire  us  with  sympathy  for 
their  actual  necessities.  If  they  are  prepared  to  offer  us  a 
proper  quid  pro  quo  we  will  be  prepared  to  treat,  but  until 
they  are  ready  to  do  this,  all  their  labor  will  be  in  vain. 

This  is  the  Canadian  policy,  and  let  there  be  no  mistake 
about  it." 

This  statement  clearly,  concisely  and  accurately  presents 
the  sentiment  of  the  Canadian  people  as  I  found  it  to  be. 


48  '        Railroads  and  the  Public. 

Just  a  word  upon  the  question  of  transportation  inter- 
ests. It  is  very  evident  that  the  more  direct  outlet  for  the 
wheat  fields  of  Manitoba  is  across  American  territory.  In 
1874  Canada  officially  recognized  the  American  seaboard  as 
supplying-  the  natural  ports  for  handling  of  her  comirierce, 
and  proposed  the  construction  of  a  canal  from  the  St. 
Lawrence  to  Lake  Champlain. 

The  treaty  embodying  this  proposition  was  rejected  by 
the  United  States  .Senate.  Later  the  Canadian  Pacific  de- 
sired an  independent  line  into  Boston,  but  was  prevented 
from  securing  it.  Today  she  runs  from  ocean  to  ocean,  and 
has  independent  steamship  lines  across  both  the  Atlantic  and 
the  Pacific.  The  government  has  commenced  the  construc- 
tion of  another  trans-continental  line  of  railroad.  The  esti- 
mated cost  for  building-  this  line  is  approximately  $200,- 
000,000. 

How  would  friendlier  trade  with  the  United  States  affect 
the  railroads  of  Canada? 

The  Hon.  S.  N.  Parant  upon  the  eve  of  his  departure  to 
assume  the  duties  of  Chairman  of  the  Grand  Trunk  Pacific 
Railway  Commission  wrote : 

Quebec.  August  7th,   1905. 
Mr.  J.  E.  Miles, 

Legislative  Agent. 

Brotherhood  of  Locomotive  Engineers. 
De.\r  Sir. — Your  letter  with  enclosure  received,  and  will 
say  I  believe  any  effort  pimed  to  bring  into  closer  relations 
the  interests  of  capital,  and  labor  should  be  encouraged,  and 
especially  so  when  these  interests  are  bound  up  in  our  trans- 
portation companies.  I  believe  whatever  difference  of 
opinion  may  exist  as  in  the  value  of  closer  trade  relations 
between  L^nited  States  and  Canada,  there  can  be  no  ques- 
tion of  its  advanatges  to  all  persons  interested  in  matter  of 

transportation. 

S.  N.   Parant. 

Mayor  of  Quebec. 


Railroads  and  the  Public.  49 

President  Mellen  of  the  New  York,  New  Haven  and 
Hartford  has  been  quoted  as  saying  that  reciprocity  with 
Canada  is  the  only  salvation  for  the  railroads  of  New  Eng- 
land. 

No  one  can  help  observing  what  a  great  benefit  it  would 
be  to  the  Boston  &  Maine,  and  it  was  rumored  around  Que- 
bec that  if  the  business  would  warrant,  the  New  York  Cen- 
tral would  build  in  from  Rutland. 

Reciprocity  with  Canada  is  an  issue  that  should  receive 
the  hearty  support  of  American  workingmen  who,  taking 
advantage  of  the  opportunities  afforded  them  in  the  shorter 
workday,  are  studying  more  closely  and  thinking  more 
deeply  of  matters  pertaining  to  Political  Economy.  They 
have  long  since  exploded  the  theory  that  it  is  the  high  pro- 
tective tariff  that  insures  their  wages. 

The  most  prominent  labor  leaders  of  Massachusetts,  men 
who  are  recc^gnized  factors  in  international  labor  conven- 
tions,' are  earnest  advocates  of  continental  free  trade,  and 
as  these  principles  are  gradually  absorbed  by  the  people 
the  politicians  will  be  forced  to  recognize  the  power  in  the 
hands  of  the  workers  and  accede  to  their  just  demands. 
The  beneficent  influence  of  labor  organizations  in  the  work 
of  Americanizing  the  various  nationalities  coming  to  our 
shores  has  been  acknowledged  by  the  highest  authorities, 
and  it  is  hard  to  conceive  what  can  prevent  the  members 
of  our  international  trade  unions  from  gradually  coming 
closer  together  and  eventually  taking  up  for  discussion 
such  great  international  political  questions  as  trade  and  im- 
migration. If  some  international  agreement  could  be 
formed  whereby  the  undesirable  element  from  abroad  could 
be  prevented  from  entering  either  country,  there  is  abso- 
lutely no  more  reason  for  maintaining  immigration  bureaus' 
between  the  United  States  and  Canada  than  there  is  ne- 
cessity at  the  present  time  for  establishing  similar  offices 
upon 'the  borders  of    the  various    States    of   the  Union  or 


50  Railroads  and  the  Public. 

Provinces  of  the  Dominion,  and  inasmuch  as  nearly  every 
Canadian  home  has  some  friend  or  loved  one  in  the  States, 
the  retention  of  the  existing-  laws  borders  upon  the  un- 
christianlike  policy  of  dividinj^  a  house  against  itself. 

It  is  doubtful  if  due  consideration  has  been  paid  to  the 
moral  principle  involved  in  establishing  and  maintaining 
satisfactory  trade  arrangements  between  Canada  and  the 
United  States.  As  Canadian  resources  and  commerce  de- 
veloped she  gradually  assumed  a  spirit  of  independence,  the 
natural  outgrowth  of  her  self  reliance.  The  outward  sign 
of  this  spirit  is  manifest  within  the  Canadian  fortifications 
where  the  Eng-Hsh  soldiers  have  been  relieved  bv  the  native 
troops. 

Quite  all  that  has  been  written  with  reference  to  Canada 
can  with  equal  force  be  said  of  Newfoundland.  Ours  are 
the  natural  marlcets  in  which  Newfoundland  would  pur- 
chase her  supplies  were  she  afforded  an  opportunity  to  de- 
velop her  natural  resources. 

For  centuries  the  one.  and  practically  the  only  establish- 
ed industry  of  Newfoundland  has  been  her  fisheries,  and 
upon  these  her  people  depend  for  support. 

Since  the  discovery  of  the  great  value  of  the  fishing 
rights  along  the  shores  of  Newfoundland,  a  menace  to  in- 
ternational peace  has  existed,  and  is  as  far  remote  from 
satisfactory  settlement  to-day  as  ever.  To  the  Newfound- 
land fisheries  has  been  accredited  the  concrete  principle 
involved  in  the  revolution  that  culminated  in  the  independ- 
ence of  the  American  colonies. 

Under  existing  conditions  the  indiscretion  of  a  govern- 
mental official,  or  the  zeal  of  an  American  captain,  may 
bring  about  complications  with  the  English  government. 

Upon  the  refusal  of  the  Senate  to  accept  the  "Hay-Bond 
treaty"  Newfoundland  adopted  what  must  eventually  prove 
to  be  a  suicidal  policy  of  retaliation,  viz.,  refusing  to  allow 
American  fishing  vessels  the  privilege  of  taking  Newfound- 


Railroads  and  the  Public.  51 

land  crews  or  securing  bait,  and  upon  our  side  the  masses 
of  our  people  are  as  a  consequence  paying  higher  prices 
for  these  food  supplies.  Why  should  a  powerful,  rich  and 
prosperous  nation  like  the  United  States  of  America  hesi- 
tate to  give  to  these  few  people  of  Newfoundland  an  op- 
portunity to  help  themselves  to  a  higher  plane  of  living? 
Here  to  the  people  of  this  Httle  island  we  could  well  afford, 
with  no  ulterior  purpose  of  future  gain,  by  extending  the 
hand  of  good  fellowship,  exemplify  the  true  meaning  of 
the  words  "Our  Father." 

It  seems  to  me  our  theologians  might  here  find  a  fruitful 
field  to  apply  the  doctrine  of  Christ,  if  the  generally  ac- 
cepted theory  of  the  universal  brotherhood  of  man  counts 
for  other  than  mere  words. 


52  Railroads  and  the  Public. 


CHAPTER  IV. 

THE   COMFORT    OF   THE    PUBLIC. 

For  a  number  of  years  prominent  public-spirited  citizens 
of  Boston  and  vicinity  have  been  working  for  a  means  by 
which  it  will  be  possible  to  prevent,  or  at  least  abate  the 
nuisance  of  the  emission  of  black  smoke  from  chimneys  and 
smoke  stacks. 

From  an  economical  standpoint  the  railroad  officials 
should  co-operate  with  any  practical  scheme  by  which  this 
purpose  may  be  accomplished. 

Knowing,  to  a  great  extent,  the  emission  of  black  smoke 
is  unnecessary,  and  that  at  all  times  when  the  engine  is  not 
working  steam,  it  can  be  avoided,  there  appeared  to  be  an 
opportunity  to  enlist  the  power  of  public  opinion  in  our  be- 
half, by  demonstrating  that  we  are  considerate  of  the  com- 
forts of  the  public  in  all  matters  affecting  the  same. 

In  an  interview  with  the  manager  of  the  Boston  Term- 
inal Company  the  information  was  volunteered  that  it  costs 
this  company  $10,000  a  year  to  remove  from  its  trainshed 
the  effects  of  black  smoke.  Surely  any  action  upon  the 
part  of  the  employees  tending  to  save  this  large  expense 
might  well  be  appreciated  by  the  Boston  Terminal  Com- 
pany, and  the  added  comfort  obtained  by  the  abatement 
of  this  nuisance  should  warrant  the  gratitude  of  patrons 
of  the  same. 

This  thought  shaped  the  following  resolve,  addressed  to 
all  concerned : 

"On  account  of  the  manner  by  which  the  fires  of  many 
of  the  engines  are  treated  within  the  train  shed  and  yard 
of  the  Boston  Terminal  Company,  great  volumes  of  smoke 
are  emitted.     Many  times  by  oljscuring  the  view  of  signals 


Railroads  and  the  Public.  53 

made  to  abate,  as  far  as  is  possible,  this  nuisance,  and  per- 
this  is  an  element  of  dangler  or  cause  of  delay  to  trains. 

Furthermore,  much  annoyance  is  experienced  by  the 
passengers  as  well  as  considerable  expense  to  the  Boston 
Terminal  Company.  Inasmuch  as  all  engineers  know  that 
to  a  great  extent  this  nuisance  is  an  unneccessary  one; 

Therefore,  be  it  resolved  that  an  individual  effort  be 
made  to  avert,  as  far  as  possible,  this  nuisance,  and  per- 
mission be  requested  to  file  copies  of  the  above  resolution 
upon  the  motive  power  bulletin  boards  of  our  railroads." 

To  encourage  a  sentiment  favorable  to  this  proposition, 
the  following  paper  was  printed  and  circulated,  submitted 
for  the  purpose  of  encouragement  of  greater  interest  in  the 
matter  of  combustion  of  coal  in  locomotives : 

"When  coal  is  burned  in  the  locomotive  furnace,  it  re- 
quires that  the  air  shall  be  admitted  in  a  peculiar  manner 
to  perfect  combustion.  As  soon  as  fresh  coal  is  thrown 
upon  the  fire,  a  gas  is  set  free,  which,  when  mixed  with 
air,  burns  with  a  clear,  bright  flame  of  great  heating  power. 
It  is  of  importance  that  the  gas  shall  have  at  once  its  due 
supply  of  air  at  the  spot  where  it  is  generated,  or  else  the 
draft  will  draw  it  through  the  tubes  and  the  heating  power 
will  be  lost.  The  air  for  coal  consuming  locomotives  is 
admitted  in  two  ways — partly  through  the  grate  and  partly 
through  special  contrivances,  but  the  exact  quantity  of  air 
depends  upon  the  kind  of  coal  used.  An  insufficient  quan- 
tity of  air  is  exhibited  by  dense  black  smoke  issuing  from 
the  stack;  with  just  enough  or  too  much  air,  no  smoke  will 
come  out,  so  great  care  must  be  used  to  arrest  and  utilize 
these  liberated  gases  stored  in  the  coal,  or  so  many  heat 
units  escape.  This  is  especially  noticeable  in  cases  where 
fresh  fuel  has  been  applied  to  the  fire  just  before  the  engine 
has  been  "shut  off."  Owing  to  the  force  draft  caused  by 
the  exhaust,  sufficient  air  is  drawn  into  the  fire  box  on 
top  of  the  fire  to  properly  consume  the  gases,  but  when 


54  Railroads  and  the  Public. 

this  draft  is  lost  by  the  stopping-  of  the  exhaust,  its  place 
should  be  taken  by  the  use  of  the  blower  and  opening  of 
the  fire-box  door.  This  will  not  only  be  a  saving  of  heat, 
but  also  by  consuming  the  gases  otherwise  escaping-  in  the 
form  of  black  smoke,  the  skill  of  the  fireman  will  be  greatly 
appreciated  by  the  patrons  of  the  railroads,  especially  at 
seasons  when  it  is  customary  to  travel  with  the  car  win- 
dows open. 

In  many  of  the  larger  cities,  laws  have  been  enacted 
against  making  smoke,  and  in  some  places  bituminous  coal 
is  not  allowed  to  be  used.  Engines  leaving  the  yard  of  the 
Grand  Central  Terminal  in  New  York  city,  have  fires 
made  up  of  coke,  and  a  limited  supply  of  this  is  placed  upon 
each  tender  for  use  within  the  city  limits.  If  we  apply  our 
theory  of  combustion,  is  it  not  quite  possible  to  acquire  the 
desired  result  and  save  this  added  labor?  In  case  fire  must 
be  "barred  up,"  if  dampers  are  for  the  time  being  closed 
and  the  blower  opened  sufficiently  to  draw  the  desired 
quantity  of  air  upon  the  top  of  the  fire,  all  gases  will  be  con- 
sumed and  no  smoke  will  be  emitted. 

The  practice  of  heavy  firing  as  the  engine  is  backing  a 
train  into  the  terminal,  and  then  closing  the  door,  is  resorted 
to  by  only  a  minority,  which  proves  to  even  the  few  who 
require  an  object  lesson,  that  it  is  by  no  means  a  necessity. 

Another  evil  practice  indulged  in  by  a  few,  is  the  habit 
of  firing  just  before  the  engine  is  "shut  off,"  or  as  soon 
as  started,  and  by  spreading  three  or  more  shovelfuls  of 
coal  ui)on  the  fire  before  closing  the  door.  This  practice 
causes  not  only  a  serious  loss  of  fuel,  but  also  has  a  tend- 
ency to  close  up  the  flues,  thereby  causing  the  loss  of  just 
that  amount  of  heating  surface. 

Much  depends  upon  the  proper  preparation  of  the  coal, 
which  should  always  be  dampened  to  obtain  the  water 
necessary  for  generating  the  required  gases. 


Railroads  and  the  Public.  55 

Due  regard  for  the  care  of  the  eyes  should  insure  the 
practice  of  firing  with  dampened  coal,  if  for  no  more  im- 
portant reason. 

Don't  say  that  the  evil  practices  are  necessary  upon  your 
train  to  get  steam,  for  perhaps  the  fellow  who  goes  out 
upon  your  engine  tomorrow  by  trying  to  do  what  is  right, 
proves  you  are  simply  less  skilful  or  less  interested." 

It  is  regrettable  to  have  to  admit  that  our  purpose  was  de- 
feated through  the  combined  influence  of  the  two  extreme 
factions  of  our  organization.  The  one  argued  the  cause 
of  complaint  was  solely  due  to  the  cheap  grade  of  coal  we 
are  compelled  to  burn,  or  the  mechanical  defects  in  our 
motive  power;  these  men  refused  to  lend  their  aid  to  im- 
prove the  existing  conditions. 

The  other  extreme,  composed  of  those  who  are 
many  times  actuated  by  petty  jealousy,  owing  to  their  fail- 
ure to  fill  the  role  of  the  sole  luminaries,  argued  "it  would 
be  interfering  with  the  work  of  our  officials  to  assume  upon 
such  matters  the  initiative."  These  fellows  are  the  so- 
called  "conservative  element,"  whose  monkey  and  parrot 
talk  is  nauseating  in  the  extreme.  When  analyzed  they  are 
found  to  be  simply  so  many  administration  men,  fellows 
susceptible  to  the  influence  of  an  informal  greeting  from 
some  high  official,  and  are  so  bound  up  in  their  own  con- 
ceit as  to  really  feel  they  are  an  important  factor  in  direct- 
ing the  policy  of  the  road.  They  occasionally  receive  petty 
favors,  and  many  believe  they  belong  to  that  class,  who, 
in  the  legislature  are  spoken  of  as  upon  the  "gravel  train." 

The  officials  were  appealed  to  for  their  endorsement, 
but  while  forced  to  admit  that  the  paper  contained  facts 
that  should  be  in  the  possession  of  all  the  persons  inter- 
ested, they  refused  to  encourage  the  action  by  an  endorse- 
ment, for  the  reason  that  it  did  not  emanate  from  their 
office. 


56  Railroiuis  and  the  Public. 

Later,  without  any  assistance  from  them,  we  ha'l  the 
satisfaction  of  seeing-  the  resolve  inscribed  upon  the  records 
of  our  meetings;  but  this  was  only  desired  as  a  means  to 
acquire  an  end. 

The  nuisance  of  black  smoke  from  locomotives  is  un- 
questionably one  that  may  be  abated  to  a  highly  appreciable 
degree.  The  strongest  argument  used  against  doing  so  is 
the  belief  by  the  majority  of  the  men  that  "the  officials 
don't  care  whether  wc  take  an  interest  or  not."  We  are 
forced  to  admit  there  is  good  ground  for  this  opinion. 

By  way  of  example  a  case  may  be  cited  of  an  engineer 
running  an  engine  that  was  leaking  so  badly  that  he  found 
it  a  difficult  matter  to  get  hie  train  over  the  road.  Day 
after  day  he  reported  the  defect  and  no  notice  was  taken 
of  his  report.  The  conditions  grew  worse,  and  going  to 
the  official  responsible,  he  explained  the  fact  that  ow^ng 
to  the  condition  of  his  boiler  he  was  using  twice  the  neces- 
sary amount  of  fuel,  and  as  it  appeared  to  him,  if  the  cost  of 
coal  was  any  object,  the  sooner  that  repairs  were  made  the 
better.  He  received  the  answer  in  an  aggravating  drawd, 
intended  to  be  sarcastic,  "The  coal  don't  cost  you  or  me 
anything."  Can  any  man  doubt  the  efYect  of  such  a  reply 
as  that,  given  to  an  employee  interested  in  the  good  of  the 
service  ? 

While  during  the  previous  years  of  agitation  against  the 
smoke  nuisance,  little  difficulty  was  experienced  in  induc- 
ing the  petitioners  to  except  locomotives  from  the  pro- 
visions of  the  proposed  legislation,  this  year  indignation 
meetings  were  held  and  manv  thousands  of  dollars  were 
subscribed  by  persons  whose  chief  cause  of  complaint  came 
from  the  locomotives.  Their  Representatives  and  Senators 
were  requested  to  work  for  the  enactment  of  a  law  intended 
to  afford  them  relief. 

Appreciating  the  hardship  the  enactment  of  such  a  hard 
and  fast  law  might  prove  to  be  to  men  of  our  calling,  we 


Railroads  and  the  Public.  57 

asked  the  petitioners  to  except  us  from  the  provisions  of 
the  bill,  and  pledg-ed  the  assistance  of  our  org-anization 
to  bring  about  in  a  peaceful  and  friendly  manner  the  re- 
sult aimed  at  by  the  proposed  law. 

We  further  suggested  that  the  Board  of  Railroad  Com- 
missioners had  sufficient  influence  and  power  to  induce  the 
railroads  to  do  all  that  is  possible  to  be  done  toward  the 
abatement  of  smoke. 

The  counsel  for  the  petitioners,  with  whom  we  discussed 
these  matters,  inquired  what  steps,  if  any,  could  be  taken, 
assuming  the  Commissioners   refused  to   comply? 

A  precedent  has  already  been  established  whereby  the 
influence  of  the  Governor  could  be  brought  to  bear.  From 
time  to  time  copies  of  the  railroad  and  railway  laws  are 
printed  by  the  Railroad  Commissioners.  Wishing  to  ob- 
tain copies  of  this  work  we  called  at  the  office  of  the  Rail- 
road Commission,  but  received  the  information  that  these 
books  were  not  for  general  distribution,  and  the  only  way 
by  which  we  could  obtain  copies  of  these  books  would  be 
through  an  act  of  the  Legislature. 

We  appealed  from  this  ruling,  and  presenting  our  case 
to  the  Governor,  we  received  the  following  letter,  which 
disposed  of  this  matter  and,  we  believe,  established  a  pre- 
cedent : 

Executive  Chamber,  State  House,  Boston 

February   17,  1905. 
Dear  Mr.  Miles  : 

Conforming  to  our  conversation  of  this  date,  would  say 
that  if  you  will  take  this  letter  to  the  Railroad  Commis- 
sioners, they  will  accept  it  as  authority  for  the  delivery 
to  you  of  such  copies  of  the  Railroad  Laws  as  they  can 

conveniently  spare. 

Yours  truly, 

W.  L.  Douglas. 

Mr.  John  E.  Miles. 

Plymouth,  Mass. 


5^  Railroads  and  the  Public. 

It  is  for  a  fact  c|uite  an  innovation  to  find  railroad  em- 
ployees goin^  to  the  public  to  ofYer  assistance  in  correct- 
ing evils  the  railroad  officials  should  be  the  first  to  notice. 
From  among  the  petitioners  for  the  bill  on  abatement 
of  smoke  we  selected  Arthur  L.  Spring,  counsel  for  the  city 
of  Boston,  Louis  D.  Brandeis,  counsel  for  the  Public  Fran- 
chise League — Vice  President  representing  the  public  in 
the  New  England  Civic  Federation,  and  Prof.  Sedgwick, 
of  the  Massachusetts  Institute  of  Technology,  an  accepted 
authority  upon  matters  pertaining  to  combustion. 

We  promised  these  gentlemen,  provided  they  except  us 
from  the  provisions  of  the  proposed  legislation,  to  do  what 
we  could  toward  abating  the  nuisance  of  which  they  com- 
plained. We  have  little  reason  to  believe  our  active  interest 
was  necessary  to  exempt  locomotives,  and  as  a  matter  of 
fact  we  desired  to  gain  their  good  will  and  help  the  peti- 
tioners in  securinor  the  relief  they  sought.  During  the  de- 
bates upon  the  bill  much  credit  was  bestowed  upon  one  of 
the  railroads  for  adopting  a  smokeless  fuel  in  the  shape  of 
coke. 

The  fumes  from  these  coke  burning  engines  are  injurious 
to  the  health  of  the  men  employed  upon  them,  and  we  be- 
lieve the  policy  of  using  this  fuel  to  be  an  unnecessary  one, 
Protests  were  made  to  the  railroad  officials,  but  no 
satisfaction  could  be  obtained  from  them.  They  had  grown 
weary  from  complaints  coming  to  them  from  patrons  and 
abutters  along  their  line,  and  while  forced  to  admit  that 
the  fumes  coming  from  burning  coke  were  unpleasant  and 
in  some  instances  unhealthy,  of  the  two  evils  they  chose 
what  to  them  was  the  lesser  and  would  continue  the  use  of 
coke.  But  these  gentlemen  should  ever  remember,  as 
Theodore  Roosevelt  has  said,  that  "Capital  is  not  absolute; 
and  it  is  idle  to  compare  the  position  of  the  capitalists  now- 
adays with  his  position,  when  his  workmen  were  slaves  and 
the  law-makers  were  his  creations."    We  believe  there  are 


Railroads  and  the  Public.  59 

plenty  of  good  laws  in  the  state  of  Massachusetts  to  pro- 
tect the  interests  of  all  classes,  if  the  proper  method  of  pro- 
cedure is  executed.  A  petition  was  drawn  up  by  the 
representatives  of  the  employees,  who  were  suffering  from 
the  effects  of  the  poisonous  gases  coming  from  the  burning 
coke,  and  presented  to  the  State  Board  of  Health,  request- 
ing an  investigation  and  asking  that  the  necessary  action 
be  taken  to  bring  relief.  This  petition  was  presented  upon 
the  supposition,  based  upon  information  received  from 
their  secretary,  that  the  Board  of  Health  is  vested  with 
authority  to  prevent  the  use  of  coke,  so  highly  impregnated 
with  sulphur  as  to  jeopardize  the  health  of  men  employed 
upon  these  locomotives. 

Every  possible  assistance  was  volunteered  to  facilitate 
the  work  of  investigation  proposed  by  the  Board. 

After  an  aggravating  wait  of  more  than  six  months, 
information  was  received  that  the  contention  of  the  en- 
gineers as  set  forth  in  their  petition  had  been  verified  by 
experiments  conducted  by  agents  of  the  Board,  but  no  in- 
formation was  forthcoming  as  to  what  these  authorities 
proposed  to  do  under  the  premises.  It  is  difficult  to  under- 
stand what  edifying  qualities  the  State  Board  of  Health 
expected  to  present  in  such  an  answer  to  our  petition.  That 
a  definite  conclusion  might  be  arrived  at,  the  matter  was 
brought  to  the  attention  of  the  Governor,  and  from  His 
Excellency  the  information  was  received  that  under  exist- 
ing laws  the  Board  of  Health  is  absolutely  powerless  to 
prevent  the  use  of  coke  for  fuel.  The  State  Board  of 
Health  through  their  secretary  not  only  gave  assurances  of 
their  ability  to  correct  the  evil  complained  of,  but  specifical- 
ly stated  they  would  use  their  power  and  relieve  the  situ- 
ation. 

Surely  the  Board  of  Health  must  have  a  peculiar  opinion 
of  the  intelligence  of  the  locomotive  engineers  if  they  think 
this  body  of  men,  many  of  whom  have  been  incapacitated 


6o  Railroads  and  the  Public. 

from  work  on  account  of  the  effect  of  sulpliur  g-as,  waited 
for  six  months  for  chemists  and  analysists  of  the  State 
Board  of  Health  to  tell  them  that  these  gases  were  a  men- 
ace to  health. 

While  it  may  be  true  that  this  Board  is  not  vested  with 
autocratic  powders  to  dictate  what  the  railroads  must  do, 
no  reasonable  man  would  question  the  propriety  of  the 
Board  of  ITealth  making  a  recommendation  to  the  rail- 
roads, and  we  firmly  believe  that  such  an  action  is  all  that 
would  be  necessary  to  obtain  the  result  the  engineers 
desire. 

Inasmuch  as  the  representative  of  the  Health  Commis- 
sion reported  he  experienced  a  feeling  of  drowsiness  and 
irritation  of  the  throat  and  eyes  from  riding  upon  coke- 
burning  engines,  while  none  of  these  symptoms  were  no- 
ticeable upon  coal-burning  engines,  it  is  a  reasonable  de- 
duction to  say  the  coke  engines  add  some  degree  of  danger 
to  the  safety  of  the  traveling  public.  It  is  barely  possible 
the  Railroad  Commissioners,  w^hose  every  wish  the  counsel 
of  our  railroads  claim  to  obev,  might  be  induced  to  take 
some  action. 

The  Court  of  Equity,  whose  power  of  granting  injunc- 
tion is  known  to  every  trade  unionist,  might  be  one  other 
resort.  In  our  simplicity  we  imagine'  that  the  guarantees 
of  our  great  constitution  could  be  applied  to  the  protection 
of  health  and  the  safe-guarding  of  life,  whereas  we  are  in- 
formed such  powers  are  to  be  used  only  by  the  corporations 
to  subjugate  their  employees,  and  apparently  it  was  pre- 
sumption on  our  part  to  think  such  powers  could  be  used 
in  defense  of  our  rights  and  the  safety  of  the  public. 

There  is  yet  another  appeal,  and  that  is  to  the  high 
court  of  public  opinion.  As  evidence  to  show  the  locomo- 
tive engineers  have  just  cause  for  complaint,  the  following 
extract,  from  report  of  Representative  of  the  State  Board 
of  Health,  is  submitted  for  consideration: 


Railroads  and  the  Public.  61 

"Five  trips  of  one  hour  each  were  made  on  coke-burning- 
engines,  and  an  equal  number  of  the  same  duration  were 
made  on  coal-burning  engines.  On  each  run  made,  the 
amount  of  sulphur  acid  in  the  air  of  the  cab  was  carefully 
determined.  The  average  amount  of  this  gas  in  the  air  of 
the  cab  of  the  coke-burning  engines,  was  0.41  parts  in  10,- 
000;  the  average  amount  in  the  air  of  the  cabs  of  the  coal- 
burning  engines  was  0.08  parts  in  10,000. 

"It  will  appear  that  those  who  operate  with  coke  are 
subjected  to  about  five  times  as  much  of  these  acid  fumes 
as  those  who  run  on  coal  engines.  There  can  be  no  doubt 
that  such  an  amount  of  sulphur  dioxide  as  0.41  in  10,000 
of  air  is  incompatible  with  comfort,  if  not  actually  dele- 
terious to  health.  The  person  who  made  the  determina- 
tions reported  that  after  each  run  on  the  coke-engines  he 
suffered  from  smarting  of  the  eyes,  head-ache  and  dis- 
turbance of  the  stomach;  whereas;  after  the  runs  on  the 
engines  on  which  coal  was  used  he  experienced  no  sensa- 
tion of  discomfort  whatever." 


62  Railroads  and  the  Public. 


CHAPTER  V. 

TRYING    TO   OBTAIN    A    PROPRIETARY   INTEREST   IN   THE   COM- 
PANIES BY   WHICH   WE  ARE  EMPLOYED. 

What  will  prove  a  remedy  for  the  existing-  evil?  This 
surely  is  a  problem  worthy  of  the  attention  of  any  student 
of  sociology.  Whatever  difference  of  opinion  is  held  as  to 
the  cause,  all  must  agree  to  the  fact  of  the  existence  of  this 
deplorable  state  of  affairs;  yet  the  man  who  contents  him- 
self with  simply  condemning  conditions  as  existing  without 
offering  a  remedy  must  be  classed  as  bordering  close  upon 
the  verge  of  pessimism.  Therefore,  not  to  be  judged  as  in 
this  class,  I  will  suggest  either  of  two  things  as  a  remedy 
and  the  combination  of  both  as  a  cure.  They  are  a  pro- 
prietary interest  in  the  corporation  upon  the  part  of  the 
employees,  and  strict  governmental  supervision  of  the  rail- 
roads. 

To  encourage  closer  relations  between  officials  and  em- 
ployees and  to  create  a  spirit  of  united  interest,  many  cor- 
porations subscribe  large  sums  of  money.  This  is  done 
in  some  places  by  providing  reading  rooms,  with  baths  and 
dormitories.  Upon  some  railroads  the  giving  of  premi- 
ums for  the  more  economical  use  of  supplies  has  been 
tried;  this  latter  course  has  proved  unsatisfactory  as  savor- 
ing to  create  a  policy  of  playing  for  an  individual  record  at 
the  expense  of  team  work.  But  if  by  their  united  effort  the 
employees  demonstrate  that  they  have  succeeded  in  increas- 
ing the  net  profits,  why  not  give  them  a  share  in  the  bene- 
fits derived  from  the  same? 

This  would  have  a  tendency  to  encourage  the  best  of 
service  from  the  individual  and  also  warrant  him  in  bring- 
ing to    account  the    shiftless    and    indifferent.      From    an 


Railroads  and  the  Public.  63 

ethical  point  of  view  it  may  be  said  that  if  employees  will 
do  these  things  for  a  reward,  they  are  under  moral  ob- 
ligfation  to  do  the  same  thing  in  consideration  of  the  wages 
they  receive.  The  great  trouble  with  this  reasoning  is,  that 
the  employees  look  about  them  and  see  so  many  others 
who  are  doing  their  work  in  a  far  less  efficient  manner. 
They  feel  that  this  less  efficient  service  is  as  much  as  is  de- 
sired or  expected,  and  the  result  is  easily  imagined.  But 
the  reasoning  may  be  followed;  every  man  is  the  keeper  of 
his  own  conscience,  and  it  is  for  him  to  say  whether  or  not 
his  duty  is  fulfilled.  No  man  can  justly  aspire  to  happiness 
who  cannot  feel  consciousness  of  duty  well  performed. 

This  is  a  good  technical  argument,  but  under  existing 
conditions  upon  our  railroads  it  is  illogical.  The  adage, 
"like  captain,  like  crew,"  applies  to  every  department  of 
the  railroad.  To  secure  the  highest  standard  the  engineers 
must  show  by  object  lessons  and  example  that  interested 
work  is  to  be  expected  upon  the  part  of  the  firemen,  and 
this  rule  holds  good  from  the  humblest  employee  to  the 
highest  official. 

Believing  the  adoption  of  some  such  a  principle  as  the 
following  would  tend  to  increase  an  interest  in  our  pro- 
fession and  have  an  influence  in  the  settlement  of  disputes, 
this  paper  was  presented  for  consideration: 

Plymouth,Mass.,  Nov.  27th,  1903. 
To    Commission    on    Relation    Between    Employer    and 
Employee ; 

Gentlemen : — The  following  is  respectfully  submitted  for 
your  consideration  as  a  remedy  to  prevent  strikes,  which 
with  the  assistance  of  your  influence,  it  is  believed  we  can 
attain,  not  only  for  the  mutual  benefit  of  our  employers  and 
ourselves,  but  also  for  the  benefit  of  the  general  public, 
inasmuch  as  we  will  be  in  a  position  to  furnish  for  them 
greater  comfort  and  safety  through  the  medium  of  better 
men. 


64  Railroads  and  the  Public. 

We  desire  to  assume,  which  1  think  we  may  fairly,  that 
the  engineers  of  each  of  the  railroad  systems  of  Massachu- 
setts, are  equally  efficient  and  interested.  We  will  also 
allow  what  we  believe  to  be  the  case,  that  there  is  a  mutual 
good  feeling  existing  between  the  general  officers  of  these 
systems  and  their  engineers.  It  has  frquently  been  said, 
that  while  labor  organizations  and  their  aims  are  worthy,  the 
grievous  error  is  frequently  made  of  selecting  incompetent 
men  as  their  representatives.  Conceding  this  fact,  we  de- 
sire to  state  another  truism,  which  is.  that  while  the  general 
officers  of  tlie  railroads  are  all  right,  they  err  more  fre- 
quently than  their  employees  in  the  selection  of  their  rep- 
resentatives, that  is,  the  selection  of  the  men  who  hold 
subordinate  offices.  Many  of  these-  officials  by  an  unjust 
criticism  of  a  trivial  affair,  or  by  a  sarcastic  answer  to  a 
well-intentioned  suggestion  for  the  good  of  the  service, 
have  a  faculty  of  developing  a  spirit  of  antipathy  toward 
the  company. 

In  the  Acts  and  Resolves  of  Massachusetts,  IQ03,  Chap. 
320,  is  found :  An  Act  relative  to  public  service  corpora- 
tions and  their  employees.  No  legislation  of  recent  years 
has  met  with  such  general  approval  from  all  classes  of  rail- 
road men.  No  fair  man  can  find  a  just  cause  for  its  repeal. 
Certainly  the  men,  who  must  later  be  responsible  for  the 
conduct  of  persons  entering  their  service,  might  reasonably 
be  expected  to  be  better  judges  of  their  (|ualifications  for 
the  service,  than  men  holding  positions  of  more  or  less 
influence  in  other  places. 

It  often  happens,  that  persons  obtaining  positions  by  in- 
fluence outside  of  railroad  men,  frequently  feel  the  import- 
ance of  this  influence,  and  later,  by  associating  themselves 
wuth  others  of  their  kind,  place  themselves  beyond  the 
bounds  of  either  discipline  or  advice.  These  conditions 
have  become  an  actual  hardship  upon  engineers  whose  ac- 
tions are  judged  by  the  public,  and  many  of  whose  failures 


Railroads  and  the  Public.  65 

can  be  traced  to  lack  of  sufficient  authority  over  the  men 
for  whose  conduct  they  are  held  responsible. 

Again,  persons  who  have  been  appointed  to  positions  as 
firemen,  by  the  rule  of  seniority,  will  later  be  promoted  to 
act  as  engineers.  It  has  aptly  been  said  that  "the  boy  is 
father  to  the  man."  No  man  can  justly  reason,  that  a 
person  who  has  held  the  position  of  fireman  for  five  or  six 
years,  performing  his  duties  only  in  a  forced,  disinterested 
way,  goes  home  tonight  a  careless,  shiftless,  selfish  fireman, 
if  promoted,  will  come  back  tomorrow  an  exemplary  en- 
gineer. These  are  certainly  not  the  kind  of  men  that  have 
directed  the  policy  of  the  Brotherhood  of  Locomotive  En- 
gineers, and  made  our  organization  what  it  is  today. 
Nevertheless,  for  the  purpose  of  elevating  the  standing  of 
these  men  in  society,  many  are  frequently  accepted  to  be 
members  of  our  Order.  Is  it  not  an  injustice  to  an  or- 
ganization, one  of  the  principal  aims  of  which  is  to  en- 
courage an  interest  in  the  chosen  profession  of  its  mem- 
bers? Is  this  not  a  pernicious  habit,  that  allows  the  selec- 
tion of  such  persons  as  firemen  in  the  first  place?  Are  these 
the  kind  of  men  into  whose  hands  you  care  to  place  the 
lives  and  safety  of  your  loved  ones? 

A  person  desiring  to  secure  the  license  of  a  first-class 
marine  engineer,  is  expected  to  furnish  to  the  United  States 
inspector,  the  recommendation  of  not  only  the  engineer  of 
the  boat  upon  which  he  is  employed,  but  also  the  recom- 
mendation of  another  licensed  engineer.  This  rule  should 
have  the  effect  of  securing  men  of  character,  as  well  as 
ability  to  fill  these  positions.  Why  should  not  as  much 
care  be  taken  in  the  case  of  the  man  of  whom  it  is  in- 
tended to  make  a  locomotive  engineer?  The  United  States 
inspector  of  marine  boilers  confines  to  a  class  of  men  whose 
abilities  and  judgment  have  already  been  tested  to  his  sat- 
isfaction, the  privilege  of  recommending  other  men  they 
believe  to  possess  the  necessary  qualifications  to  enter  their 


66  Railroads  and  the  Public. 

class.  What  error  could  the  railroads  make  in  adopting- 
the  custom  of  insisting-  that  an  applicant  for  a  position  of 
fireman,  shall  secure  the  recommendation  of  three  (3)  en- 
gineers of  at  least  one  year's  experience  as  such?  Should 
this  applicant,  having  been  employed  upon  trial  prove  his 
unworthiness  for  the  position,  the  engineers  recommending 
him  could  be  called  u])on  to  correct  his  habits  or  withdraw 
their  responsibility  for  the  man.  On  the  other  hand,  should 
this  fireman  feel  that  he  was  not  treated  with  due  con- 
sideration and  respect,  he  could  appeal  to  the  engineers 
who  had  in  the  first  place  indorsed  him  and  unquestion- 
ably receive  their  assistance  and  support.  We  believe  many 
benefits  would  accrue  to  the  railroads  from  such  a  course 
as  this,  and  amongst  these  we  will  allude  to  the  following", 
as  it  is  upon  this  our  proposition  is  based. 

It  is  here  we  come  to  your  Commission,  and  while  ad- 
mitting it  is  not  strictly  the  purpose  for  which  your  hon- 
orable body  was  appointed,  still,  we  believe  it  is  by  infer- 
ence within  the  scope  of  the  powers  of  the  same;  for  we 
believe  it  can  be  considered  logically  as  a  step  in  the  di- 
rection of  avoiding  strikes. 

We  respectfully  ask  your  Commission  to  draw  up  a  con- 
tract binding  the  railroad;  provided,  we  do  what  we  say 
by  united  interest  we  believe  can  be  done,  namely,  to  save 
by  care  and  intelligent  work,  25  per  cent,  of  the  cost  of 
fuel. 

For  example,  we  will  allow  that  a  certain  railroad  pays 
for  coal  $3,200,000  per  year.  Of  this  amount,  owing  to 
unskillful  firing,  thoughtlessness  and  lack  of  interest,  one 
shovelful  of  coal  in  four,  viz:  25  per  cent.,  or  over  $800,- 
000,  is  worse  than  wasted.  Exceptions  may  be  taken  to 
this  estimate  of  waste  as  being  a  bald  assertion.  I  may  be 
challenged  to  show  uix)n  some  trains  by  some  men  where 
5  per  cent,  can  be  saved,  and  I  will  admit  I  would  fail;  but 
I   will   take  this   man  upon  another  train  where  the  fire- 


Railroads  and  the  Public.  67 

man  burns,  or  rather  shovels,  dry  coal,  throwing-  three  or 
four  shovelfuls  of  coal  before  closing  his  door,  and  prove 
to  him  that  upon  this  train  over  50  per  cent,  of  coal  is 
wasted. 

Not  only  that,  but  by  allowing  his  fire-box  door  to  re- 
main closed  as  the  engine  drifts  into  the  station,  on  ac- 
count of  escaping  smoke,  great  discomfort  is  experienced, 
by  not  only  the  traveling  public,  but  also  by  residents  liv- 
ing adjacent  to  the  tracks  and  friends  who  may  have  oc- 
casion to  come  to  the  station  to  meet  passengers  upon  in- 
coming trains.  This  nuisance  can  be  abated  by  opening 
the  fire-box  door  and  using  the  "blower"  to  draw  over  the 
top  of  tlie  fire  the  oxygen  of  the  air,  to  mingle  with  the 
gases  stored  in  the  coal  and  utilize  the  same.  When  this 
is  properly  done,  no  smoke  will  escape. 

Every  intelligent  engineer  knows  that  every  puflf  of  black 
smoke  that  leaves  the  stack  of  a  locomotive  is  just  that 
amount  of  gases  lost  that  should  liave  been  used  for  pro- 
ducing heat.  Experiments  are  constantly  being  made  and 
new  inventions  tried  to  find  a  mechanical  device  that  will 
perform  the  function  of  burning  the  smoke.  Owing  to 
the  fact  that  railroad  companies  are  ever  using  different 
grades  of  coal,  and  some  grades  of  coal  require  more  air 
to  consume  their  gases,  it  is  a  question  if  any  fixed  mechan- 
ical device  can  ever  be  found  to  do  this   work. 

The  railroads,  in  the  persons  of  the  engineers  and  fire- 
men, already  have  upon  their  engines  practical  smoke  con- 
sumers, and  by  the  exercise  of  intelligent  foresight,  can 
not  only  entirely  prevent  the  escape  of  black  smoke,  even 
when  the  engine  is  not  using  steam,  but  to  a  large  degree 
when  she  is  working.  Admitting  the  fact  that  at  times  low 
grades  of  coal  are  used;  as  well  also,  that  at  times  the  lo- 
comotive is  forced  almost  beyond  her  capacity,  more  or 
less  smoke  is  necessary;  but  by  the  fireman  fam.iliarizing 
himself  with  the  conditions  adjacent  to  his  tracks,  noting 


68  Railroads  and  the  Public. 

the  side  the  smoke  is  blown,  he  can  in  many  cases  so  regu- 
late his  firing  as  to  remove  all  causes  for  complaint  from 
people  living  near  railroad  tracks.  Self-interest  should 
prompt  us  to  do  this,  as  we  all  enjoy  the  run  through 
places  where  care  is  taken  in  the  appearance  of  residences. 
The  valuation  of  this  property  would  be  enhanced;  in  fact, 
the  benefit  would  be  far-reaching. 

The  question  may  be  here  logically  advanced,  if  these 
matters  are  facts,  why  the  railroads  do  not  take  steps  to 
prevent  these  abuses,  and  I  will  say  they  have  for  years 
tried  and  continue  to  try,  but  in  nearly  all  cases  meet  with 
signal  failure.  Efforts  have  been  made  by  individuals,  but 
it  requires  almost  a  degree  of  aggressiveness  to  continue 
these  efforts. 

As  an  encouragement  to  the  men  to  repair  past  errors 
of  management  in  employing  disinterested  men,  we  ask 
that  the  railroad  companies  set  aside  as  a  trust  fund  one 
thousand  shares  of  their  treasury  stock,  which  will  be  12/^ 
per  cent,  of  what  has  been  saved  in  the  fuel  account  in 
one  year,  estimating  stock  upon  par  value  of  the  same. 

The  dividends  accruing  upon  above  stock  shall  be  paid 
to  the  treasury  of  the  company  which,  under  the  Act  passed 
by  the  General  Assembly  of  the  State  of  Rhode  Island  on 
the  9th  day  of  February,  1900,  has  been  incorporated  as 
the  "Conductors'  and  Engineers'  International  Investment 
Co.,  for  the  purpose  of  encouraging  and  developing  among 
its  members  provident  habits  of  saving."  Under  the  by- 
laws of  this  company,  not  less  than  75  per  cent,  of  its 
stockholders  must  be  engineers  or  conductors,  thereby  in- 
suring the  control  of  the  company  always  in  the  hands  of 
these  men. 

Besides  the  dividends,  this  company  shall  have  all  the 
rights  of  actual  ownership  in  above  stock,  other  than  it 
shall  not  be  transferable,  and  upon  the  event  of  the  sur- 
render or  loss  of  the  charter  of  the  company  holding  this 


Railroads  and  the  Public.  69 

stock,  it  shall  revert  back  to  its  orig-inal  owners.  The  con- 
tract will  allow  us  one  year  to  demonstrate  our  ability  to 
make  this  saving"  and  for  the  railroads  to  judge  as  to 
whether  we  accomplish  the  result.  Should  we  fail  to  agree 
upon  this  result,  the  contract  shall  require  the  Railroad 
Commissioners  of  Massachusetts  to  decide  the  question. 
The  Railroad  Commissioners  will  be  expected  to  require 
their  inspectors  to  familiarize  themselves  with  existing  con- 
ditions upon  the  eng-ines  of  the  railroads  to  be  in  position 
to  pass  upon  possible  improvement.  This,  to  us,  appears 
to  be  the  only  practical  way  to  decide  the  question,  as  fig- 
ures cannot  be  relied  upon.  For  example,  in  case  we  win; 
upon  the  books  of  the  company  it  will  show  an  increase  of 
operating  expenses  of  $8,000  a  year,  in  reality  it  will  mean 
a  saving  of  $792,000.  In  other  words,  the  company  gets 
99  per  cent.,  we  receive  i  per  cent.  If  at  any  time,  in  the 
opinion  of  the  railroad,  the  conditions  revert  back  to  what 
they  were  prior  to  the  agreement,  upon  the  decision  of 
the  Railroad  Commissioners  to  that  effect,  the  stock  shall 
be  surrendered.  Should,  in  your  judgment,  there  be  any 
chance  for  any  man  or  body  of  men  to  receive  any  benefit 
other  than  appears  to  be  the  purpose  of  the  foregoing 
agreement,  you  are  respectfully  requested  to  provide 
against  the  same. 

To  make  this  a  success,  we  must  have  the  influence  and 
co-operation  of  the  Division  Superintendent  and  Master 
Mechanic,  to  the  extent  of  naming  the  men  who  refuse  to 
assist  us. 

The  purpose  of  this  proposition  is  to  encourage  the  men, 
by  prudence  and  thrift,  to  obtain  an  interest  in  the  com- 
pany, that  later,  by  good  judgment  and  further  invest- 
men  the-y  may  have  a  voice  in  the  actual  management  of 

the  same. 

Respectfully  submitted, 

J.  E.  MILES. 


70  Railroads  and  the  Public. 

Few  if  any  of  the  employees  of  the  railroads  have  any 
vested  interests  in  the  corporations  by  which  they  are  em- 
ployed. Changes  in  the  management  many  times  bring 
changes  all  along  the  line  creating  a  condition  of  uncer- 
tainty similiar  to  what  may  be  found  in  politics  as  applied 
to  popular  government.  It  was  to  meet  and  overcome  these 
conditions  that  inspired  the  incorporation  of  the  Conduct- 
ors' and  Engineers'  Investment  Company  of  Rhode  Island, 
incorporated  under  the  laws  of  that  State.  The  men  who 
have  so  successfully  organized  this  company  are  all  active 
railroad  men  and  have  demonstrated  by  the  results  of  their 
labors  that  as  yet  there  is  no  corner  in  brains. 

The  men  who  direct  the  affairs  of  the  Conductors'  and 
Engineers'  Investment  Company  are  men  of  good  char- 
acter, their  busines?  methods  sound  and  of  a  nature  to  ele- 
vate the  standing  of  railroad  men  in  public  esteem. 

Their  purpose  is  to  more  closely  unite  the  relationship 
of  conductors  and  engineers,  and  I  believe  we  should  all 
be  identified  with  and  do  all  we  can  to  assist  in  the  success 
of  this  most  laudable  purpose.  It  was  upon  this  principle 
I  submitted  the  paper  to  the  gentlemen  to  whom  it  was 
addressed,  hoping  to  be  able  to  increase  the  treasury  of  the 
company,  reduce  the  expenses  of  the  railroad  and  improve 
the  service  upon  the  same. 

It  was  the  desire  to  have  the  offer  presented  to  the  rail- 
road directors;  it  is  printed  here  for  the  information  of  all 
concerned.  It  is  to  be  regretted  the  experiment  cannot  be 
tried.  Should  a  general  interest  be  taken  to  the  extent  that 
we  save  the  25  per  cent.,  and  the  corporation  is  required  to 
pay  the  bounty,  they  would  then  receive  a  hundred  for  one 
and  an  improved  service.  Assuming  only  a  few  men  should 
interest  themselves,  the  railroad  would  gain  just  that  much, 
as  it  is  expressly  stated  that  unless  we  hit  the  bulls  eye  the 
bell  won't  ring.  Upon  the  other  hand,  every  man  that 
takes  an  interest  in  his  work  makes  it  just  that  much  pleas- 


Railroads  and  the  Piihlic.  71 

anter  for  his  fellow  employees.  Under  existing  conditions 
the  fellow  who  tries  to  do  right  not  only  has  his  own  part 
to  do,  but  is  obliged  to  carry  an  added  burden  on  account 
of  the  indifference  of  the  other  fellow.  Could  the  expense 
saving  contract  be  made,  any  stockholder  of  the  Conduct- 
ors' and  Engineers'  Investment  Company  would  be  justi- 
fied in  bringing  pressure  to  bear  upon  the  indifferent  em- 
ployee to  get  him  into  line,  because  of  the  fact  that  by  his 
indifference  he  may  prevent  his  more  worthy  associates 
from  receiving  their  just  reward. 

As  matters  rest  to-day  he  could  say  with  the  authority  al- 
ready quoted  "tht  coal  don't  cost  you  or  me  anything." 


72  Railroads  and  the  Public. 


CHAPTER  VI. 

THE  LOCOMOTIVE  ENGINEER  AT   WORK HIS  CRIMINAL  LIA- 
BILITY   IN    CASE   OF   ACCIDENT. 

Conceding  the  fact  that  the  pubHc  as  a  rule  are  gener- 
ous in  bestowing  credit  to  those  who  follow  the  calling  of 
locomotive  engineers,  it  is  a  question  even  then  if  his  cares 
and  responsibilities  are  fully  appreciated. 

The  locomotive  engineer,  by  force  of  public  sentiment, 
is  expected  to  be  a  man  of  character  and  good  judgment, 
as  well  as  of  mechanical  ability,  to  perform  the  duties  re- 
quired. Inasmuch  as  presence  of  mind  and  complete  self- 
control,  under  the  most  trying  circumstances,  are  essential 
qualities,  his  is  a  profession  that  can  only  be  acquired  in 
the  school  of  experience,  assisted  by  a  study  of  mechanical 
engineering.  While  on  duty  he  must  maintain  a  close 
supervision  of  the  smallest  detail  of  his  work,  and  is  ever 
required  to  keep  the  closest  lookout  ahead  and  control  the 
speed  of  his  engine.  In  the  marine  transportation  we  have 
the  fireman  attending  strictly  to  the  duty  of  making  steam, 
the  water  tender  to  feed  the  boiler,  and  then  comes  the 
oiler  to  watch  and  lubricate  the  machinery.  We  have  the 
lookout  with  no  duty  other  than  to  see  the  track  is  clear, 
while  in  the  pilot  house  are  at  least  two  men  to  control  the 
movements  of  the  ship. 

The  locomotive  engineer  does  all  these  things  ex- 
cept fire  the  engine,  and  he  supervises  that.  They  are 
but  a  small  part  of  the  tax  upon  his  faculties.  He  must 
keep  a  strict  watch  upon  his  time  to  see  he  does  not  exceed 
his  schedule,  or  in  case  of  failure  to  make  the  same;  be 
prepared  to  give  an  accurate  account  of  the  cause  for  the 
failure.     He  must  keep  ever  in  mind  the  frequent  bulletin 


Railroads  and  the  Public.  73 

notices  issued,  and  have  an  intimate  and  ever  ready  knowl- 
edge of  all  rules  and  regulations  affecting  the  operation  of 
the  rrilroad. 

Take  a  trip  such  as  hundreds  of  engineers  run  daily,  and 
Itain  the  conditions  under  which  this  work  is  done. 

Let  us  assume,  that  at  the  last  moment,  as  is  often  the 
case,  it  is  found  to  be  inexpedient  to  send  out  the  regular 
engine  assigned  to  the  train,  and  orders  are  given  to  take 
another  engine,  which  will  be  one  from  the  pool  list.  The 
personal  effects  of  the  engineer  and  fireman  are  hastily 
bundled  together  and  carried  to  the  engine  assigned.  Here, 
instead  of  the  orderly  arrangement  of  affairs  as  upon  their 
regular  engine,  they  find  coal  scattered  about  the  footboard, 
while  dirt,  dust  and  grease  are  everywhere  about  the  cab. 
Valves  are  leaking  hissing  steam  for  want  of  packing,  while 
water  is  dripping  from  gauge  cocks  that  cannot  be  closed. 
While  the  fireman  is  after  supplies,  the  engineer  congratu- 
lating himself  upon  finding  even  a  broken  handled  monkey 
wrench  amongst  the  motley  assortment  of  old  junk  in  the 
tool  box,  commences  to  fill  the  cups,  and  he  grows  serious 
as  he  inspects  the  engine  he  must  take  out.  With  many 
misgivings  he  looks  at  the  driving  boxes  filled  with  coal 
and  the  rod  brasses  badly  worn.  The  fireman  returning, 
brings  a  letter  from  the  office  asking  for  more  definite  ex- 
planation in  reference  to  a  delay  of  some  days  previous. 
It  may  be  a  request  for  an  accident  report  on  account  of 
some  passenger  who  closed  the  car  door  upon  his  thumb; 
this  may  be  the  first  information  the  engineer  has  received 
of  the  fact,  yet  the  letter  contains  a  request  for  an  explana- 
tion, why  an  accident  report  was  not  filed  within  specified 
time,  as  called  for  by  the  rules.  The  letter  may  be  a  re- 
quest for  the  engineer  to  report  at  the  office  of  the  Super- 
intendent the  following  day.  Whatever  it  may  contain 
there  are  troubles  enough  without  it.  Before  he  has  had 
time  to  prepare  matters  for  the  trip  and  oil  his  engine,  he 


74  Railroads  and  the  Public. 

is  informed  it  is  his  turn  for  the  table  and  that  he  is  holding- 
other  engines  back.  He  is  obliged  to  complete  his  prepara- 
tions in  the  yard,  trying  to  finish  his  oiling,  all  the  time 
watching  for  signals  to  move.  The  sand  pipes  are  plugged 
and  after  backing  his  train  into  the  station,  while  he  is  try- 
ing to  get  the  sand  through  the  pipes,  the  conductor  comes 
down  with  train  orders  to  make  a  meet,  possibly  twenty-five 
or  thirty  miles  away.  If  it  is  after  dark  he  is  fortunate 
if  he  does  not  have  trouble  trying  to  make  a  dingy  head- 
light burn.  All  this  time  the  fireman  has  had  his  own 
troubles  all  cut  out  for  him. 

It  is  time  to  go,  and  through  the  glass  of  the  cab  window, 
with  an  accumulation  of  dirt  that  makes  it  well  nigh 
opaque,  he  sees  his  first  signal  at  safety.  While  running 
out  through  the  yard,  where  his  undivided  attention  should 
be  given  to  watching  the  signals  and  switches,  he  is  trying 
to  locate  the  different  pounds  in  his  engine,  and  tries  to 
decide  upon  the  efi^ect  of  the  same. 

He  does  not  go  far  before  he  appreciates  that  he  must 
"favor  her  on  water,"  that  the  fireman  may  keep  up  steam. 
The  coal  is  dry  and  fine,  causing  it  to  swirl  around  the  cab 
and  possibly  into  his  eyes.  He  must  note  that  the  gate 
tender  at  each  highway  crossing  is  at  his  post,  and  receive 
a  seasonable  signal  to  that  effect.  He  must  keep  in  mind 
the  number  of  signal  and  switch  lights  at  each  succeeding 
station,  and  in  the  absence  of  one  of  these  lights  he  must 
govern  himself  as  though  the  signal  were  at  danger.  That 
the  necessary  steam  pressure  may  be  obtained  he  has  al- 
lowed his  water  to  drop  to  the  lowest  level  within  safety, 
and  this  now  calls  for  closer  watching.  Local  trains  that 
should  have  been  met  are  running  late  and  must  be  kept 
in  mind,  lest  he  passes  some  station  upon  a  cur\'e  where 
passengers  are  alighting  from  or  being  taken  aboard. 

He  meets  the  local  all  right,  but  has  barely  shaken  off  this 
responsibility  ere  the  odor  of  a  hot  box  is  wafted  into  the 


Railroads  and  the  Public.  75 

cab;  to  complete  matters  his  injector  breaks,  for  the  water 
is  getting  low  in  the  tank  and  dirt  has  been  drawn  into  the 
strainer.  At  the  second  station  he  must  stop  for  water, 
and  he  decides  he  will  go  through  to  there  without  stopping 
for  this  hot  box,  as  he  is  concerned  about  his  water  in  the 
tank  now.  Presently  the  rough  riding  of  his  engine  tells 
him  a  wedge  has  stuck,  caused  by  expansion  of  the  hot  driv- 
er, and  he  remembers  he  has  no  tools  upon  the  engine  to  fix 
it.  There  is  a  station  two  miles  away,  but  he  is  not  schedul- 
ed to  make  this  stop.  The  water  station  is  five  miles  beyond. 
She  must  go  to  there;  and  after  doing  all  that  he  can  at  this 
station,  will  ask  that  another  engine  be  furnished  at  the 
first  place  where  a  suitable  engine  is  available. 

The  fireman  is  fighting  hard  to  maintain  the  steam  press- 
ure, and  devoting  his  undivided  attention  to  this  duty. 
Back  in  the  train  the  passengers  are  reading  or  talking; 
some  in  one  of  the  cars  are  being  amused  by  the  playful- 
ness of  a  little  child  in  its  fond  mother's  arms.  None  are 
aware  of  the  struggle  up  ahead  or  appear  to  appreciate  the 
fact  that  they  have  placed  their  lives  and  the  happiness  of 
their  loved  ones  in  the  hands  of  this  one  man — this  engi- 
neer of  whose  character  and  habits  they  are  entirely  ignor- 
ant. Can  any  one  well  imagine  a  responsibility  greater  than 
his?  He  sits  there  in  the  cab  watching  that  his  brake 
reservoirs  have  their  maximum  pressure  of  air,  and  his 
mind,  notwithstanding  the  many  distracting  influences, 
must  be  ready  to  act  in  the  proper  way  in  the  case  of  an 
emergency  ever  likely  to  occur  and  frequently  occurring. 

What  about  that  train  order  to  meet  this  other  train? 
Have  you  forgotten  it?  Has  he?  And  if  he  has,  there  is 
no  one  to  remind  him.  The  order  read  for  the  next  sta- 
tion, and  we  have  seen  him  planning  for  repairs  upon  his 
engine  at  the  station  beyond  that. 

One  mile  farther — we  can  only  wait  to  see — think  of 
these  innocent  people — think  of  the  little  child. 


76  Railroads  and  the  Public. 

The  "critical  moment"  is  fast  approaching  for  this  en- 
gineer, for  already  signal  lights  show  clear  for  the  station 
hidden  by  the  curve.  As  he  leans  from  the  cab  window, 
picking  up  familiar  landmarks  as  shown  by  the  uncertain 
light  from  the  dirty  reflector  of  this  scrap  heap  of  an  engine 
he  is  running,  there  appears  to  be  no  sign  of  his  intention 
to  stop.  Does  he  remember?  He  finds  the  mark  for  which 
he  is  looking.    It  is  the  "whistling  post"  for  the  station. 

Now,  he  quickly  closes  the  throttle,  drops  the  links  and 
prepares  to  stop. 

This  train  order  has  ever  been  foremost  in  his  mind. 
Through  all  these  little  difficulties  it  is  one  of  the  duties 
expected  of  him 

At  the  telegraph  office  he  receipts  for  another  train  order 
stating  he  will  meet  train  at  next  station  instead  of  this. 
He  goes  back  to  his  engine,  calls  in  his  flagman  and  takes 
up  the  fight  again. 

Is  there  anyone  who  will  not  admit  this  is  too  great  a 
responsibility  upon  any  one  man  ?  And  yet  this  is  an  every 
day  experience. 

If  we  are  not  prepared  to  cope  with  all  of  these  condi- 
tions the  public  is  informed  that  the  accident  occurred 
because  "the  man's  brain  failed  to  work."  Instead  of  a  hot 
driver  box  we  might  have  written  it  water  in  boiler  foam- 
ing, fire  box  leaking,  a  grade  of  coal  unfit  for  the  purpose 
of  making  steam,  or  a  score  of  influences  of  a  nature  to 
distract  the  attention  of  the  engineer  from  what  may  right- 
ly be  considered  the  proper  channel  for  his  thoughts. 

Providing  that  the  engineer  is  a  man  of  temperate 
habits  and  good  character,  highly  appreciative  of  the  grave 
responsibility  of  his  position,  yet  in  consequence  of  the 
many  duties  requiring  his  attention  he  fails  upon  one  and 
fatal  results  follow  this  falure;  is  it  fair  to  say  he  has  com- 
mitted a  crime?  When  a  wreck  occurs  many  people  pro- 
fess to  wonder  what  the  engineer  was  thinking  about,  un- 


Railroads  and  the  Public.  yy 

mindful  of  the  fact  that  many  matters  of  equal  importance 
were  requiring  his  attention  and  care.  These  same  wise- 
acres, who  judg-e  us  with  their  little  brains  located  in  their 
mouths,  have  to  tie  a  string  around  their  finger  to  remind 
themselves  to  order  the  coal  or  to  mail  a  letter.  But  in  the 
case  of  the  engineer  they  would  have  forgetfulness  a  crime. 

It  is  not  our  purpose  to  create  sympathy  for  or  to  shield 
the  fellow  who  wantonly  allows  his  thoughts  to  drift  to 
matters  foreign  to  his  duties,  or  who  in  consequence  of  the 
use  of  intoxicating  liquor  has  allowed  his  brain  to  become 
clouded  or  his  faculties  benumbed.  We  simply  ask  justice 
for  the  man  who  on  account  of  too  long  hours  of  steady 
employment  or  too  many  cares  requiring  his  attention,  is 
unable  to  cope  with  the  conditions  existing  and  upon  this 
account  makes  the  mistake. 

It  is  true  that  "Mr.  Loftus,"  a  great  authority  in  railroad 
matters,  has  never  heard  of  a  case  as  has  been  portrayed. 
There  is  no  such  widespread  cause  for  complaint  as  is  re- 
presented. Employees  are  always  making  exaggerated 
statements  about  the  conditions  surrounding  their  employ- 
ment. He  does  not  credit  them.  He  will  bury  his  head 
in  the  sand  of  statistics  made  up  from  delay  reports;  but 
statistics  we  have  been  taught  are  the  superlative  degree 
of  lies.  "Mr.  Loftus"  goes  over  the  road  every  year  with 
the  railroad  commissioners  on  a  tour  of  inspection.  We 
are  all  well  aware  of  that.  At  one  time  it  was  customary 
to  issue  notices  that  this  special  train  would  be  run,  but  of 
late  years  when  we  see  them  whitewashing  the  fences  and 
raking  the  yards  and  the  roadbed  we  know  the  inspection 
is  due.  It  is  made  from  the  president's  car,  buffet  attached, 
and  is  always  accompanied  by  a  social  good  time.  Now, 
if  our  executives  will  prosecute  these  employees  whom  "Mr. 
Loftus"  and  his  commissioners  say  are  to  blame  and  send 
them  to  jail  for  awhile,  it  will  divert  public  notice  from 
officials.     These  matters  are  very  trying  upon  these  gen- 


7<^  Railroads  and  the  Public. 

tlemen  and  they  are  oblig-ed  to  take  a  sea  voyage  to  Europe 
and  a  month  in  the  mountains  to  rest.  The  pubHc  will 
make  a  mistake  if  they  ever  release  "Mr.  Loftus"  or  his 
associates  from  the  "cow  catcher/'  where  years  ago  it  was 
suggested  that  they  be  tied  to  insure  the  safety  of  the  pas- 
sengers. 

Had  it  Ijeen  the  desire  to  paint  a  horrible  example 
of  the  work  we  are  often  called  upon  to  do  and  is 
done  successfully,  we  could  have  painted  this  story  upon 
a  stormy  night,  when  signals  are  obscured  by  snow  or  fog. 
We  could  have  described,  literally,  one  of  our  engines,  as 
much  worse  than  the  one  written  about,  as  this  engine  was 
worse  than  she  should  have  been.  Instead  of  the  faithful, 
conscientious  fireman,  working  with  untiring  energy  to 
lighten  the  cares  of  the  engineer;  we  would  have  had  upon 
this  train  an  inexperienced,  or  far  worse,  a  self-important 
fireman,  who  disagrees  with  Shakesj^ere's  axiom, — "An 
two  men  ride  of  a  horse,  one  must  ride  behind."  There  are 
many  trips  made  under  more  favorable  conditions,  but  we 
have  written  what  we  believe  to  be  a  happy  medium, — just 
an  ordinary,  or  another  phase  of  our  every  day  life.  We 
will  later  ]Mxsent  a  remedy,  and  demonstrate  that  these 
nerve  racking  experiences,  with  their  elements  of  danger 
to  the  public,  are  unnecessary. 

If  the  authority  who  has  enlightened  the  public  as  to 
the  causes  of  the  accidents  could  place  himself  in  the  po- 
sition of  one  of  these  engineers,  he  would  certainly  qualify 
his  opinions  and  lend  his  aid  in  correcting  the  evils. 

The  gentleman  goes  further  and  claims  it  is  unfair  to 
blame  the  management  of  our  railroads  for  these  existing 
conditions,  thereby  virtually  admitting  that  things  are  be- 
yond their  control.  This  is  an  opinion  many  of  us  had 
held  for  some  time,  and  as  a  remedy  for  this  state  of  affairs 
we  have  asked  for  governmental  supervision  of  our  railroads 
by  men  competent  to  exercise  it. 


Railroads  and  the  Public.  79 


CHAPTER  VII. 

COMMISSIONERS    INVESTIGATING    AND    REPORTING    RAILROAD 
ACCIDENTS.  TESTIMONIAL  TO   ASA   P.    FRENCH. 

The  Railroad  Commissioners  in  their  thirty-third  annual 
rejx^rt  print  upon  pages  80,  81,  82  this  statement  of  a  de- 
cision as  to  the  cause  of  the 

Collision  on  New  York,  New  Haven  &  Hartford  Railroad 

at  Avon. 

"On  September  18,  1901,  freight  train  No.  5609,  due 
from  Braintree  at  Avon,  on  the  Plymouth  Division  of  the 
New  York,  New  Haven  &  Plartford  Railroad,  arrived  an 
hour  or  more  late,  and  was  backed  from  the  south-bound 
to  tb.e  north-bound  track,  where  it  stood  preparatory  to 
moving  upon  and  over  a  side  track. 

The  regular  passenger  train  leaving  Boston  at  1.08  p. 
m.,  and  due  at  Avon  at  1.37  p.  m.,  approached  at  its  usual 
speed  of  thirty-five  to  forty  miles  an  hour.  As  this  train  with 
the  right  of  way  and  apparently  clear  track  was  in  the  act 
of  passing  the  freight  train,  the  latter  was  put  in  motion, 
in  the  expectation  that  it  would  move  down  the  north- 
bound track  and  thence  upon  and  over  a  side  track.  Had 
this  movement  taken  place,  there  would  have  been  no  acci- 
dent. But  the  switch  that  connected  the  northerly  end  of 
the  cross-over  between  the  two  main  tracks,  over  which 
cross-over  the  freight  train  had  been  backed,  was  open,  and 
the  freight  train  when  put  in  motion  almost  immediately 
swung  to  the  right,  and,  passing  upon  the  cross-over,  be- 
fore it  could  be  stopped,  came  into  collision  with  cars  of 
the  passenger  train.  In  consequence  of  this  collision,  six 
lives  were  lost  and  many  persons  injured. 


8o  Railroads  and  the  Public. 

At  a  public  hearing,  held  in  the  office  of  the  Board, 
October  i,  1901,  the  testimony  included  statements  by  the 
conductor,  engineer,  fireman  and  switchman  of  the  freight 
train,  and  the  engineer  and  fireman  of  the  passenger  train. 

Upon  the  arrival  of  the  freight  train  at  Avon  the  switch- 
man opened  the  switch  at  each  end  of  the  cross-over  be- 
tween the  main  tracks.  He  closed  the  switch  at  the  south 
end  as  soon  as  the  train  had  passed  it.  and  then,  instead 
of  following  up  the  train  and  closing  the  north  switch  as 
soon  as  the  train  cleared  it,  he  walked  over  to  another 
switch  on  the  north-bound  track,  and  set  it  for  the  siding 
upon  which  the  freight  train  was  to  move.  The  freight 
train  was  then  standing  on  the  north-bound  track,  close 
to  the  open  switch  at  the  north  end  of  the  cross-over.  For- 
getting that  he  had  left  that  switch  open,  the  switchman 
gave  the  signal  to  the  engineer  that  everything  was  all 
right.  The  position  of  the  engine  of  the  freight  train  was 
at  this  moment  such  that  the  body  of  the  machine  shut  from 
the  view  of  the  engineer  upon  the  right  of  the  cab  both  the 
switch  target  to  the  left  and  the  open  point  of  the  switch 
in  front.  Relying  upon  the  sign  given  by  the  switchman, 
the  engineer  started  his  train  forward. 

Forgetfulness  in  the  performance  of  duty  on  the  part 
of  the  switchman  was  the  first  contributing  cause  to  the 
disaster,  but  it  was  the  further  careless  act  of  the  engineer 
which  permitted  fatal  results  to  follow  the  fault  of  the 
switchman.  Had  the  engineer,  as  he  ought  to  have  done, 
either  stepped  across  the  cab  and  looked  at  the  switch 
target,  or  inquired  of  the  fireman  about  it,  he  would  have 
been  seasonably  informed,  through  his  own  senses  or  those 
of  the  fireman,  of  the  switchman's  mistake. 

The  rules  of  the  company  require  of  the  engineer  "the 
exact  observance  of  all  signals  and  other  precautions  es- 
tablished for  the  safety  of  trains"  and  "the  avoidance  of 
all  risk."    They  further  authorize  even  disobedience  of  the 


Railroads  and  the  Public.  8i 

orders  of  a  superior,  "when  such  orders  endanger  the  safe- 
ty of  the  train  or  cause  injury  to  persons  or  property."  But 
if  there  were  no  rules,  proper  appreciation  of  his  responsi- 
biHty  for  the  safety  of  others  required  the  engineer,  know- 
ing, as  he  did,  that  the  passenger  train  was  approaching, 
in  fact  was  then  passing,  to  make  sure,  in  the  use  of  his 
own  senses  or  those  of  his  associate,  that  the  switch  di- 
rectly in  front  of  his  engine  was  closed.  To  rely  upon  the 
signal  to  go  ahead  given  by  the  switchman  standing  at  an- 
other switch  some  little  distance  away,  under  such  circum- 
stances, was  carelessness. 

We  accordingly  find  that  the  accident  happened  through 
the  combined  carelessness  of  the  engineer  and  the  switch- 
man of  the  freight  train. 

October  lo,  1901. 

James  F.  Jackson, 

George  W.  Bishop, 

Clinton  White, 

Committee." 

All  of  this  reads  well,  but  it  is  absolutely  impracticable 
to  run  a  locomotive  without  confidence  in  signals  received 
from  the  trainmen,  and  the  Commissioners  allowed  this 
most  favorable  opportunity  to  go  when  they  might  have 
exemplified  the  recommendation  upon  pages  34-35  "The 
subject  of  railroad  signals  has  received  much  attention,  and 
interlocking  switch  and  signal  plants  have  been  installed  in 
many  places;  there  is  need  that  more  additional  equipment 
of  this  kind  should  be  provided  at  an  early  date." 

The  adoption  of  the  above  recommendation  by  the  rail- 
roads will  be  highly  appreciated  by  all  engineers. 

It  is  to  be  regretted  that  the  accident  at  Avon  was  not 
held  to  be  a  good  object  lesson  for  this  opinion  of  the  com- 
missioners. 

We  submit  the  statement  of  District  Attorney 
Asa  P.  French  to  the  Grand  Jury  at  Dedham,  and  ask  that 


82  Railroads  and  the  Public. 

proper  recognition  be  taken  of  what  we  consider  to  be  a 
practical,  logical,  and  just  conclusion  on  part  of  Mr.  French 
in  attemi)ting  to  fix  blame  for  this  accident. 

District  Attorney  Asa  P.  French  to  Grand  Jury  at  Dedham 

April  II,  1902. 
"Gentlemen  : 

In  deciding-  as  to  the  responsibility  for  the  wreck  at 
Avon  on  September  18  last,  you  are  to  remember  that  in 
the  performance  of  his  duty  as  locomotive  engineer  upon  a 
freight  train,  Mr.  Sheldon  was  obliged  to  accept  and  act 
upon  signals  given  by  his  switchman  and  trainmen. 

It  was  in  obedience  to  a  signal  given  by  this  switchman, 
whose  sole  duty  at  this  time  was  the  care  of  these  switches, 
the  position  of  which  was  hidden  from  the  view  of  the  en- 
gineer, that  the  engine  was  moved  ahead,  the  result  of 
which  caused  the  wreck. 

This  action  upon  the  part  of  the  engineer  was  not  only 
in  accordance  with  his  usual  custom,  but  always  was,  and 
continues  to  be,  the  general  practice  of  all  engineers  in  like 

circumstances." 

Attention  is  called  to  the  fact  that  the  decision  of  the 
Railroad  Commission  was  rendered  and  published  October 
10,  190 1,  while  Mr.  Sheldon  was  being  held  for  the  Grand 
Jury,  and  as  a  matter  of  fact  his  trial  before  that  body  did 
not  take  place  until  April    11,    1902. 

For  a  less  serious  offense  of  a  like  nature,  newspaper 
publishers  have  been  summoned  to  court,  and  fined  for 
contempt.  It  is  difficult  to  explain  such  action  upon  the 
part  of  the  Railroad  Commissioners,  especially  when  we 
consider  the  fact  that  the  chairman  of  the  board  is  a  gen- 
tleman of  acknowledged  legal  ability.  Furthermore  the 
Grand  Jury,  before  whom  Mr.  Sheldon's  case  was  brought, 
found  no  bill  against  him,  and  he  was  exonerated  from  the 
charge  under  which  he  was  held. 


Railroads  and  the  Public.  83 

The  Brotherhood  of  Locomotive  Engineers  indorsed  the 
position  of  Mr.  French,  and  challenged  any  practical  rail- 
road man  to  take  exceptions  to  it. 

In  recognition  of  what  we  considered  to  be  a  sound  and 
just  conclusion  upon  the  part  of  the  District  Attorney  the 
following  testimonial  was  placed  in  the  souvenir  book,  pub- 
lished in  connection  with  the  annual  ball  of  Divisions  61, 
312  and  439,  Brotherhood  of  Locomotive  Engineers,  held 
in  Boston,  December  11,  1902: 

"To  Asa  P.  French,  a  Lawyer  of  National  Reputation. 

TESTIMONIAL. 

The  members  of  the  Brotherhood  of  Locomotive  En- 
gineers, through  the  medium  of  their  legislative  report, 
have  had  their  attention  called  to  the  action  taken  by  Asa 
P.  French,  District  Attorney  of  Plymouth  and  Norfolk 
Counties,  in  a  case  in  which  their  interests  were  involved. 
This  case  was  one  which,  by  the  finding  of  the  coroner,  as 
well  as  the  supposed-to-be  expert  opinion  of  the  Railroad 
Commissioners,  an  engineer  was  accused  of  being  guilty 
of  "contributory  carelessness,"  in  causing  a  fatal  accident. 
The  Railroad  Commissioners  quoted  from  certain  rules  of 
the  railroad,  as  though  they  were  the  laws  of  the  State, 
to  find  a  reason  to  place  certain  responsibility  upon  the 
engineer. 

It  is  an  open  question  as  to  whether  or  not  the  rules 
referred  to  could  be  interpreted  even  by  an  astute  lawyer 
to  apply  to  the  case  in  hand. 

Certainly  there  was  no  recommendation  from  the  Board 
of  Commissioners  that  could  be  acted  upon  to  prevent  a  re- 
currence of  this  fatal  accident,  and  it  is  as  possible  to  have 
a  similar  wreck  occur  today  upon  the  Boston  &  Maine  or 
Boston  &  Albany  as  it  is  to  have  a  similar  accident  repeated 
upon  the  New  York,  New  Haven  &  Hartford  Railroad. 


84  Railroads  and  the  Public. 

It  is  quite  evident  that  District  Attorney  French  decided 
to  investigate  for  himself  the  causes  and  conditions  which 
led  up  to  the  accident,  rather  than  accept  the  finding  of 
Railroad  Commissioners  and  the  decision  of  the  judge  of  in- 
quest. We  have  no  way  of  knowing  along  what  lines  the 
investigations  were  conducted,  but  we  feel  free  to  challenge 
any  man  to  take  exception  to  his  practical  decision,  and 
the  justice  of  the  same,  as  regards  the  responsibility  of  the 
engineer  in  causing  accident. 

The  position  of  the  locomotive  engineer  is  accredited  by 
the  general  public  to  be  one  of  danger  and  great  responsi- 
bility. 

If  we  accept  the  credit  and  praise  which  the  public  may 
deem  to  bestow  upon  men  of  our  calling,  we  should,  in 
justice,  be  willing  to  accept  the  responsibility. 

It  is  a  fair  question,  though,  just  how  far  or  to  what 
ends  this  matter  of  responsibility  may  be  carried. 

We  are  responsible  to  the  management  of  the  railroads 

for  making  the  schedule  time  of  their  trains,  the  time  of 
which  has  been  computed  by  them  without  the  least  con- 
sultation  with   the   engineers. 

We  are  responsible  to  these  men  to  the  extent  that  a 
failure  upon  our  part  to  make  this  time  will  put  some  other 
man  in  our  place. 

On  ihe  other  hand,  we  are  responsible  to  the  travelling 
public  for  the  comfort  and  safety  of  the  same. 

We  are  responsible  to  the  public  to  the  extent  that  failuie 
on  our  part  to  fulfill  our  obligations  as  regards  their  safety 
may  require  us  to  defend  our  position  before  the  courts 
against  a  charge  between  which  and  wilful  murder,  in  the 
minds  of  many  men,  there  is  a  distinction,  but  little  differ- 
ence. 

In  this  defense,  by  the  decision  of  the  Railroad  Com- 
missioners, we  must  not  only  support  our  position  accord- 
ing to  the  law  of  the  State,  but  according  to  the  rules  of 


Railroads  and  the  Public.  85 

the  road;  rules  that,  in  the  opinion  of  many,  are  framed 
more  for  the  benefit  of  protecting  certain  officials  than 
for  the  government  of  employees. 

The  standing  of  the  engineer  might  well  be  described  in 
the  advice  of  the  Hebrew  to  his  son:  "My  son,  get  money; 
get  it  honestly  if  you  can — but  get  it."  The  engineer  is 
given  the  time  table;  he  is  told,  make  it — make  it — make  it 
according  to  the  rules  if  you  can — but  make  it. 

Mr.  French  evidently,  in  investigating  the  case,  did  not 
confine  his  investigation  to  the  technicalities  of  a  rule- 
book,  but  went  into  practical  lines  of  what  is  the  Custom.     , 

Tf  this  precedent  established  by  Mr.  French  is  followed, 
and  railroad  officials  are  held  responsible  for  the  custom- 
ary manner  in  which  their  work  is  done,  and  not  shielded 
on  technical  interpretation  of  their  rule-book,  Mr.  French 
has  performed  a  signal  favor  for  all  engineers,  and,  indi- 
rectly, the  public. 

Mr.  French  takes  no  active  part  in  politics,  but  not- 
withstanding this  fact,  was  elected  to  his  present  office 
with  no  opposition.  In  the  words  of  Rip  Van  Winkle, 
"May  he  live  long  and  prosper,"  is  the  sincere  wish  of  all 
members  of  the  Brotherhood  of  Locomotive  Engineers." 

This  matter  was  taken  up  in  support  of  Mr.  French's 
position  and  in  appreciation  of  services  rendered,  and  was 
written  without  consultation  with  him.  Our  action  was 
justified  upon  the  ground  that  if  criticism  of  men  in  public 
office  is  warrantable — provided  the  criticism  is  fair  and 
just  and  based  upon  facts, — then  credit  may  be  bestowed 
upon  men,  when  their  purpose  or  judgment  is  laudable. 

We  should  all  appreciate  that  it  is  a  pretty  serious  matter 
to  criticise  a  man,  or  a  body  of  men,  when,  owing  to  the 
fact  that  it  may  not  be  possible  to  defend  themselves,  these 
men  as  the  result  of  criticism,  may  suffer  the  loss  of  a  hard 
earned  reputation,  or  an  irreparable  injury  to  their  charac- 


86  Railroads  and  the  Public. 

ter;  "Among  us  democrats,"  as  President  Eliot  has  been 
quoted  as  expressing  himself,  there  should  be  no  difference 
in  the  application  of  this  rule,  either  by  railroad  commis- 
sioner or  locomotive  engineer,  If  both  act  upon  the 
principle  of  a  "square  deal"  perhaps  the  interests  of  the 
public  will  be  as  well  preserved  under  existing  conditions 
as  if  the  two  bodies  were  working  together. 

We  are  obliged  to  admit  this  was  not  always  our  opinion, 
but  if  it  is  the  desire  of  the  railroad  commissioners  I  don't 
know  that  we  need  to  complain. 

Let  us  see  how  charges  may  be  made  against  engineers : 
Suppose  that  as  a  matter  of  economy  consistent  with  the 
course  of  some  of  our  railroads,  the  safety  valves  are  re- 
moved from  the  boilers  of  the  locomotives,  and  by  the  rules 
for  the  government  of  employees,  the  persons  responsible 
for  the  care  of  these  engines,  are  required  to  prevent  the 
steam  increasing  above  a  certain  pressure. 

Assume,  that  owing  to  the  fact  that  other  equally  im- 
portant duties  controlled  the  attention  of  the  engineer  and 
fireman,  the  steam  pressure  increased  to  such  a  degree  as 
to  cause  an  explosion  by  which  lives  are  lost. 

Should  an  investigation  be  held  by  men  of  little  practical 
ability,  or  men  desirous  of  shielding  the  railroad  from  re- 
sponsibility we  should  expect  to  read,  judging  by  previous 
reports  of  investigations,  that,  forgetfulness  in  the  per- 
formance of  duty  on  the  part  of  the  fireman  was  the  first 
contributing  cause  to  the  disaster;  but  it  was  the  further 
careless  act  of  the  engineer  which  permitted  fatal  results 
to  follow  the  fault  of  the  fireman.  "Had  the  engineer  as  he 
ought  to  have  done,"  either  looked  at  the  steam  gauge  or  in- 
quired of  the  fireman  about  it,  he  would  have  been  season- 
ably informed,  through  his  own  senses,  or  those  of  the  fire- 
man, of  the  danger  of  the  situation.  The  rules  of  the  com- 
pany require  of  the  engineer  the  exact  observance  of  the 
steam  gauge  and  other  precautions  established  for  the  safe- 


Railroads  and  the  Public.  87 

ty  of  the  boiler,  and  "the  avoidance  of  all  risk."  They 
further  authorize,  even  disobedience  of  the  orders  of  a  su- 
perior, "when  such  orders  endanger  the  safety  of  the  train 
or  threaten  injury  to  persons  or  property."  But,  if  there 
were  no  rules,  proper  appreciation  of  his  responsibility  for 
the  safety,  required  the  engineer,  knowing,  as  he  did,  that 
the  steam  pressure  was  likely  to  rise,  in  fact  was  then  rising, 
to  make  sure,  in  the  use  of  his  own  senses  or  those  of  his 
associate,  that  the  steam  gauge  directly  on  top  of  his  boiler 
was  carrying  no  more  than  the  pressure  prescribed.  "To 
rely  upon  a  statement  that  everything  was  all  right,"  given 
to  him  by  a  man  standing  in  a  position  from  which  he  had 
a  clear  view  of  the  steam  gauge,  and  who  at  the  time  was 
expected  to  be  responsible  for  the  pressure  upon  the  same, 
under  such  circumstances,  was  carelessness.  We  accord- 
ingly find  that  the  accident  happened  through  the  combined 
carelessness  of  the  engineer  and  the  man  responsible  for  the 
pressure  in  the  boiler. 

This  statement  would  be  couched  in  the  most  glittering 
generalities,  and  when  read  by  dear  old  ladies,  we  can  hear 
them  say,  what  remarkable  men  these  committeemen  are. 

Now,  what  would  be  the  report  of  a  practical  man  who 
had  an  interest  in  the  prevention  of  future  accidents?  We 
can  imagine  his  report  embodied  in  one  sentence  addressed 
to  the  president  of  the  railroad.  Equip  your  locomotive 
boilers  with  automatic  safety  valves. 

To  obtain  something  feasible  as  embodied  in  the  latter 
report  is  unquestionably  the  intent  of  the  law  authorizing  in- 
vestigations by  a  special  board. 

The  office  of  the  district  attorney  may  reasonably  be  en- 
trusted with  protecting  the  interests  of  the  public  in  cases 
of  carelessness  or  incompetency. 

More  than  for  the  display  of  rhetorical  flourish,  the  pur- 
poses of  investigations  by  the  board  of  railroad  commission- 
ers   may    reasonably    be    assumed    to    be,  to  ascertain  the 


88  Railroads  and  the  Public. 

causes  of  accidents,  that  safeguards  may  be  recommended 
to  prevent  similar  accidents. 

To  more  clearly  establish  this  fact  a  petition  was  pre- 
sented in  House  Bill  575,  by  John  E.  Miles,  entitled 

An  Act 
Relative  to  Investigations  by  the  Board  of  Railroad  Com- 
missioners. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Court  assembled,  and  by  the  authority  of  the 
same,  as  follows : 

Section  i.  Section  17  of  Chapter  1 1 1  of  the  Revised 
Laws  is  hereby  amended  by  adding  at  the  end  thereof  the 
following :  But  the  result  of  the  investigation  of  the  board 
shall  not  be  nublished  or  made  public  by  the  board  in  any 
case  in  which  the  board  finds  that  the  accident  was  due  to 
negligence  on  the  part  of  any  employe, — so  as  to  read  as 
follows : — 

Section  17.  The  board  shall  investigate  the  causes  of 
any  accident  on  a  railroad  or  street  railway  whicli  results  in 
loss  of  life;  and  of  other  accidents  which,  in  its  judgment, 
require  investigation;  but  the  result  of  the  investigation  of 
the  board  shall  not  be  published  or  made  public  by  the  board 
in  any  case  in  which  the  board  finds  that  the  accident  was 
due  to  the  negligence  on  the  part  of  any  employee. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

At  a  hearing  held  before  the  railroads  committee  the  rea- 
sons given  for  presenting  this  petition  were  such  as  have 
been  here  cited.  The  chairman  of  the  railroad  commission 
at  this  hearing  stated,  that  "the  petition  under  consideration 
had  been  discussed  in  an  amiable  manner  at  the  office  of  the 
commissioners  by  Mr.  Miles,  and  I  agreed  with  him  that 
it  was  not  the  purpose  of  investigations  to  find  the  person 
blamed,  so  much  as  to  find  the  cause,  that  some  remedy 
might  be   recommended  to  avoid   future  accidents  of  the 


Railroads  and  the  Public.  89 

same  nature.  This  was  the  policy  adopted  by  the  board. 
Still  it  might  be  possible  for  an  accident  to  occur  where  in 
public  opinion  the  corporation  would  be  held  to  blame, 
while  as  a  matter  of  fact  it  would  be  some  employee,  and 
an  injustice  would  be  done  to  the  Company;  as  to  whether 
or  not  the  legislature  was  desirous  of  taking  this  privilege 
away  from  the  board  was  for  the  committee  to  say." 

Inasmuch  as  according  to  the  finding  of  the  grand  jury 
in  the  Avon  case,  it  has  been  demonstrated  that  the  rail- 
road commissioners  are  not  infallible,  it  might  be  as  well 
if  this  body  should  keep  within  the  intent  of  the  law,  as 
was  agreed  it  is,  by  the  commission. 

It  seems  fair  to  assume,  that  the  railroads,  in  exchange 
for  the  press  mileage  so  generously  bestowed  upon  the  agen- 
cies most  influential  in  shaping  public  opinion;  and  through 
the  opportunities  given  at  "pink  teas,"  for  railroad  officials 
to  read  their  carefully  prepared  and  type  written  speeches 
which  will  later,  at  probably  high  priced  advertising  rates, 
appear  in  the  papers;  that  the  railroad  companies  are  in  a 
pretty  fair  position  to  mould  public  opinion  for  their  own 
good. 

The  statement  of  the  railroad  commission  gives  good 
ground  for  the  following  reasoning  of  the  Springfield 
Union: 

"In  actual  practice  the  board  of  railroad  commissioners 
does  little  more  than  prevent  the  patrons  of  steam  and  elec- 
tric roads  from  securing  relief  from  intolerable  conditions." 
*********** 

"The  board  should  be  the  servant  of  the  people  who  have 
created  it,  not  the  creature  of  the  railroads  which  it  has  now 
become  either  through  failure  to  properly  interpret  or  fail- 
ure of  the  laws  themselves." 

To  return  to  the  engineer; — we  are  not  to  be  under- 
stood to  mean  that  the  present  railroad  oflficials  are  alone 
necessarily  responsible  for  the  unhappy  conditions  many  of 


90  Railroads  and  the  Public. 

the  men  we  ride  behind  are  many  times  obHged  to  contend' 
with;  for  it  is  undeniably  a  fact  that  it  is  not  owing  to  any 
parsimonious  policy  we  find  this  state  of  affairs,  but  to  the 
absence  of  interest  gradually  growing  less  through  want  of 
encouragement  or  lack  of  proper  discipline. 

Every  new  engine  is  given  a  complete  and  expensive  set 
of  tools  suitable  for  use  in  case  of  break  down,  and  with 
proper  care  considering  the  iise.  these  tools  might  reasona- 
bly be  expected  to  last  the  lifetime  of  the  engine.  Instead 
of  this  we  find,  month  after  month,  cases  upon  cases  of 
tools,  lanterns,  and  all  kinds  of  supplies  coming  to 
our  storeroom  to  replace  others  of  the  same  kind  that  either 
through  carelessness  or  dishonesty  have  been  lost  or  stolen. 
Serious  delay  is  at  times  inflicted  upon  the  public  through 
the  want  of  the  most  ordinary  equipment  for  use  in  case  of 
breakdown.  The  public  interest  is  ignored,  but  they  have 
the  remedy  in  their  own  hands  by  holding  the  Railroad 
Commissioners  responsible  for  any  laxity  existing  either 
in  the  equipment  or  the  men. 


Railroads  and  the  Public.  91 


CHAPTERS  VIIL 

CHARACTER    OF    THE    LOCOMOTIVE    ENGINEER. 

Let  US  make  some  inquiries  as  to  who  this  man  is  we  trust 
so  blindly?  Where  did  he  come  from?  What  is  his  char- 
acter? Is  he  of  good  moral  habits?  Who  are  his  asso- 
ciates?     Where  does  he  spend  his  leisure  time? 

Surely  if  you  were  employing  a  coachman,  you  would 
at  least  interest  yourself    to  the  extent  of    learning    these 
things  as  to  his  character;  but  you  deliberately  place  your 
life  and  many  times  the  lives  of  those  you  hold  so  dearly, 
in  the  keeping  of  men,  in  the  shaping  of  whose  character 
little  if  any  interest  is  taken.     Too  much  credit  cannot  be 
given  to  one  particular  agency  that  has  ever  made  character 
building  one  of  its  chief  purposes.     The  agency  I  refer  to, 
is  the  Brotherhood  of  Locomotive  Engineers.     The  motto 
of  this  organization  are  Truth,  Sobriety,  Justice  and  Moral- 
ity.    The  two  fundamental  principles  of  the  order  are  to 
encourage  upon  the  part  of  its  members  an  interest  in  their 
profession  and  to  elevate  their  standing  in  society.     How 
little  the  public  are  aware  of  the  efforts  of  the  leaders  of 
this  labor  organization  to  encourage  all  of  its  members  to 
live  up  to  its  purposes.     How  heavily  they   are    at    times 
handicapped  by  the  material  the  railroad  officials  present 
to  them  as  men  eligible  to  become  members;  and  later  these 
same  officials  have  the  audacity  to  criticize  the  order. 

Not  very  long  ago  a  master  mechanic  called  to  his  office 
an  engineer  he  had  reason  to  believe  was  much  interested 
in  the  Brotherhood,  and  inquired  if  a  certain  engineer  be- 
longed to  the  order.  He  was  answered  in  the  affirmative, 
and  at  once  commenced  to  speak  contemptuously  of  the  or- 
ganization and  remarked  they  should  be  proud  of  such  a 


92  *  Railroads  and  the  Public. 

man.  When  the  master  mechanic  had  completed  his  tirade 
he  was  politely  informed  that  the  person  of  whom  he  com- 
plained so  bitterly,  was  employed  by  him  as  a  fireman.  Every 
opportunity  had  here  been  afforded  him  to  study  his  char- 
acter, which  was  known  to  all  his  associates  to  be  anything 
but  what  it  should  be,  but  notwithstanding  this  fact  he  had 
been  promoted  to  become  an  engineer.  In  due  time  he  avail- 
ed himself  of  his  privilege,  and  applied  for  membership  in 
the  order.  His  application  was  deliberated  upon  at  some 
length,  and  after  assurances  to  try  and  do  right  had  been 
exacted  he  was  accepted.  We  acted  upon  the  ground,  we 
could  exercise  more  influence  over  him  in  our  order  than  if 
he  were  kept  outside.  His  was  not  the  first  case  of  the  kind 
that  had  been  forced  upon  us.  We  had  succeeded  in  making 
men  of  worse  than  he,  and  we  would  yet  make  a  man  of 
him. 

At  his  first  opportunity  the  engineer  presented  this  mat- 
ter to  his  associates  and  asked  that  all  do  what  was  possible 
to  make  this  man  what  he  should  be.  Today  there  is  every 
prospect  the  purpose  will  succeed,  and  in  no  place  is  it  as 
much  appreciated  as  in  the  home,  where  there  is  daily  offer- 
ed a  prayer  for  the  men  to  whose  efforts  the  change  is  due. 
All  men  appreciate  the  degrading  influences  of  evil  asso- 
ciations. Frequently  all  that  a  man  requires  in  order  to  do 
better  is  a  little  encouragement  and  an  opportunity.  There 
are  men  who  think  if  a  man  is  of  a  good  disposition  he  will 
go  right  under  all  circumstances ;  if  of  a  vicious  nature,  good 
influences  cannot  restrain  him.  This  reasoning  may  be 
true  of  the  extremes  of  either  case,  but  there  is  a  large 
middle  class,  and  we  may  all  reflect  upon  the  Irishman's 
toast : 

"Here's  to  you  as  Good  as  you  are, 

And  Here's  to  me  as  Bad  as  I  am ; 

As  Good  as  you  are,  and  as  Bad  as  I  am, 

I'm  as  Good  as  you  are,  as  Bad  as  I  am." 


Railroads  and  the  Public.  93 

A  petition  was  presented  to  the  Massachusetts  Legisla- 
ture of  1903  purporting  to  come  from  one  John  Shea,  ask- 
ing certain  legislation  intended  to  curtail  the  practice  of 
assignment  of  wages. 

This  petition  was  endorsed  by  the  representatives  of  a 
number  of  labor  organizations,  but  we  were  all  greatly- 
impressed  by  the  action  of  the  corporations  in  relation  to 
this  matter. 

The  two  railroad  corporations  entering  the  south  side  of 
the  city  of  Boston  sent  special  representatives,  supported 
by  much  documentary  evidence.  The  New  York,  New  Ha- 
ven &  Hartford  sent  their  special  legislative  counsel  to  as- 
sist in  conducting  the  hearing  upon  this  petition  before  a 
committee  of  the  Legislature.  This  counsel  stated  that  the 
action  upon  the  oart  of  the  railroad  represented  by  him  was 
taken  for  the  "sole  purpose  of  protecting  the  interests  of 
their  employees."  Are  there  any  words  to  express  as 
plainly  as  this  action,  what  the  feelings  of  these  railroads 
are  toward  their  employees  ?  Can  any  one  doubt  after  this, 
the  general  desire  for  suitable  conditions,  removed  from  all 
associations  of  an  immoral,  vicious  nature?  Is  it  to  be 
thought  that  after  this  arousal  of  interest  upon  the  part  of 
the  railroads,  they  could  consistently  refuse  support  toward 
any  movem.ent  that  will  give  them  "better  work  from  bet- 
ter men"  ?  We  are  all  quite  agreed  that  no  man  dependent 
upon  his  daily  wages  is  justified  in  spending  his  entire  in- 
come; for  that  man  when  adversity  comes  to  him,  will 
either  become  an  object  of  charity  or  an  encumbrance  upon 
his  friends. 

The  greatest  stress  was  laid  by  the  counsel  of  the  railroad 
upon  the  injurious  effect  upon  the  morale  of  the  men.  This 
practice  of  assignment  of  wages,  in  the  majority  of  cases 
is  to  procure  articles  of  vanity. 

Probably  one  of  the  reasons  for  the  defeat  of  this  peti- 
tion was  the  failure  upon  the  part  of  its  sponsors  to  convince 


94  Railroads  and  the  Public. 

the  legislators  this  was  not  a  "paymaster's  bill";  and  the 
bold  assertion  of  the  counsel  for  the  opposition  that  the 
only  effect  of  such  a  law  would  be  to  cause  a  change  in 
bookkeeping  by  the  people  doing  this  credit  business. 

It  seemed  too  bad  that  nothing  could  come  from  the 
laudable  purpose  of  the  railroads  to  improve  the  "morals 
of  their  men."  but  directly  an  opportunity  presented  itself. 

About  this  time  invitations  were  sent  to  several  men  in 
active  service  of  the  railroads  running  from  the  south  side 
of  the  city  of  Boston,  to  attend  a  convention,  to  be  held  in 
Topeka,  Kan.,  under  the  auspices  of  the  Railroad  Branch 
of  Young  Men's  Christian  Association. 

The  thought  occurred  to  us  upon  the  receipt  of  the  invi- 
tation that  this  might  afford  an  opporunity  to  these  rail- 
roads solicitous  for  the  "morale  of  their  men,"  to  extend 
their  sympathies  along  these  practical  lines. 

That  we  might  learn  the  attitude  of  the  railroads  upon 
this  question  before  any  action  was  taken,  we  asked  for  an 
interview  with  the  General  Manager,  and  outlined  the  pur- 
pose we  had  in  mind,  and  asked  what  he  would  do  upon 
the  matter,  or  what  we  might  expect  to  be  the  position  of 
the  road.  The  project  met  with  his  approval,  and  advice 
was  given  as  to  a  good  policy  to  pursue.  This  advice  was 
strictly  observed  by  us,  and  in  the  interests  of  the  engineers 
I  attended  the  Topeka  convention,  held  May  i,  2,  3,  1903, 
for  the  purpose  of  obtaining  all  information  possible  in  ref- 
erence to  the  work. 

Our  desire  was  to  create  a  social  forum  wherein  men 
from  all  departments  of  the  railroad  service  might  mingle 
together  for  the  mutual  benefit  and  for  the  good  of  the 
service. 

Nothing  of  the  sentimental  to  my  knowledge  entered,  nor 
should  it  be  allowed  to  enter,  into  the  proposition. 

This  was  our  original  impression,  and  was  further 
strengthened  by  observation  at  the  convention. 


Railroads  and  the  Public.  95 

In  my  opinion  it  is  a  serious  mistake  to  play  upon  the 
feelings  or  emotions  of  a  railroad  man's  mind,  exhorting 
him  as  some  religiously  inclined  people  try  to  do.  I  believe 
a  man  in  the  position  of  a  railroad  employee  should  have 
his  faculties  pretty  evenly  balanced;  that  is,  in  neither  the 
vicious  nor  the  ultra  religious  channel.  Just  such  a  doc- 
trine as  this  of  President  Roosevelt  is  what  we  like  to  hear. 

"I  needed  no  urging  to  get  me  to  accept  your  invitation. 
I  hailed  the  chance  of  speaking  a  few  words  to  you  on  this 
occasion,  because  it  seems  to  me  that  the  Railroad  Branch 
of  the  Y.  M.  C.  A.  exemplifies  in  practice,  just  exactly  what 
I  like  to  preach ;  that  is,  the  combination  of  efficiency  with 
decent  living  and  high  ideals. 

There  is  an  anecdote  I  have  been  fond  of  repeating  to 
railroad  men  and  to  others.  The  last  time  I  saw  General 
Sherman,  lie  told  me  that  in  the  event  of  a  war  he  could  con- 
ceive of  no  better  fortune  for  a  general  than  to  have  an  anny 
composed  exclusively  of  railroad  men,  because  they  are  men 
whose  profession  means  that  they  of  necessity  would  make 
great  and  successful  soldiers;  the  quality  of  work,  of  facing 
risks,  of  facing  hardships,  of  combining  the  capacity  to  obey 
quickly  with  the  capacity  to  take  responsibilities,  of  acting 
on  individual  initiative,  just  as  continually  as  the  need 
arises. 

In  our  present  advanced  civilization,  we  have  to  pay  cer- 
tain penalties  for  what  we  have  obtained.  Among  the  pen- 
alties is  the  fact  that  in  very  many  occupations  there  is  so 
little  demand  upon  nerve,  hardihood  and  endurance,  that 
there  is  a  tendency  to  unhealthy  softening  and  relaxa- 
tion of  fiber,  and  such  being  the  case,  think  it  a  fortunate 
thing  for  our  people  as  a  whole  that  there  should  be  certain 
occupations,  'prominent  among  them  railroading,  in  which 
the  man  has  to  show  the  qualities  of  courage,  of  hardihood, 
of  willingness  to  face  danger,  of  cultivation  of  the  power  of 
instantaneous  decision  under  difficulties — the  very  qualities 


96  Railroads  and  the  Public. 

which  go  to  make  up  the  virile  side  of  a  man's  character — 
the  quaHties.  Colonel  McCook,  which  you  and  those  like 
like  you  showed  when,  as  boys  and  young  men  you  fought 
to  a  finish  the  great  Civil  war,  for  when  you  introduced  me 
in  connection  with  war,  it  must  always  be  remembered  that 
compared  to  the  war  you  saw,  mine  was  the  veriest  skirmish. 

Now,  gentlemen,  so  much  for  the  manliness,  so  much  for 
the  strength,  so  much  for  the  courage,  developed  by  your 
profession.  You  show,  and  have  to  show  (or  you  couldn't 
succeed  in  doing  the  work  that  you  are  doing  as  your  life 
work)  the  qualities  which  must  obtain  in  any  great,  mas- 
terful, powerful  people.  Those  qualities  are  all-important, 
but  they  are  not  all-sufficient.  It  is  necessary,  absolutely 
to  have  them.  No  nation  can  rise  to  greatness  without 
them,  but  by  them  alone  no  nation  will  ever  become  great. 
There  are  plenty  of  peoples,  and  reading  through  the  pages 
of  history  you  come  upon  them,  nation  after  nation,  in 
which  there  has  been  a  high  average  of  individual  strength, 
bravery  and  hardihood,  and  yet,  in  which  there  has  been 
nothing  approaching  national  greatness,  because  those 
qualities  were  not  supplemented  by  others  just  as  necessary. 
With  the  courage,  with  the  hardihood,  with  the  strength, 
must  come  the  power  of  self-restraint,  power  of  self-mas- 
tery, the  capacity  to  work  for  and  with  others  as  well  as 
for  one's  self,  the  power  of  giving  to  others  the  love  which 
each  of  us  must  bear  for  his  neighbor  if  we  are  to  make  our 
civilization  really  great.  These  are  the  qualities  which 
are  fostered  and  developed,  which  are  given  full  play,  by  in- 
stitutions such  as  the  Y.  M.  C.  A. 

The  other  day,  in  a  little  Lutheran  church  at  Sioux  Falls, 
I  listened  to  a  most  interesting,  a  most  stimulating  sermon, 
which  struck  me  particularly  because  of  a  translation  of  a 
word  which  I  am  ashamed  to  say  I  had  mistranslated  always 
myself  before.  It  was  on  the  old  text  of  'Faith,  Hope  and 
Charity  '       The  sermon  was  delivered  in  German,  and  the 


Railroads  and  the  Public.  97 

translation,  or  the  word,  that  the  preacher  used  for  'charity* 
was  not  'charity,'  but  'love.'  That  the  greatest  of  all  the 
forces  with  which  we  deal  for  betterment  is  love;  and  look- 
ing it  up  I  found  what  of  course  I  ought  to  have  known  be- 
fore, but  didn't — that  the  Greek  word  Which  we  have 
translated  as  'charity'  should,  more  properly,  be  translated 
'love.'  That  is,  the  word  charity  we  use  at  present  in  a 
sense  which  does  not  make  it  correspond  entirely  with  the 
word  used  in  the  original  Greek.  The  preacher  developed 
in  a  very  striking  and  very  happy  fashion  the  absolute  need 
of  love,  in  the  broadest  sense  of  the  word,  in  order  to  make 
mankind  even  approximately  perfect. 

We  need,  then,  the  two  qualities — the  quality  of  which 
I  first  spoke  to  you,  and  which  has  many  shapes;  the  quality 
which  rests  upon  courage,  upon  bodily  and  mental  strength, 
upon  the  will,  upon  daring,  upon  resolution — the  quality 
which  makes  men  work;  and  then  we  need  the  quality  of 
which  the  preacher  spoke  when  he  spoke  of  love  as  being  the 
great  factor,  the  ultimate  factor,  in  bringing  about  the  kind 
of  human  fellowship  which  will  even  approximately  enable 
us  to  go  up  toward  the  standard  after  which  I  think  we  all 
of  us,  with  a  great  many  shortcomings,  strive.  Work  and 
love — using  each  in  its  broadest  sense,  gentlemen.  Work, 
the  quality  which  makes  a  man  ashamed  not  to  be  able  to 
pull  his  own  weight,  not  to  be  able  to  do  for  himself  as 
well  as  for  others  without  being  beholden  to  anyone  for 
what  he  is  doing. 

,  Work !  No  man  is  happy  if  he  doesn't  work.  Of  all 
miserable  creatures,  the  idler,  in  whatever  rank  of  society, 
is  in  the  long  run  the  most  miserable.  I  don't  care  at  which 
end  he  comes.  If  he  comes  at  one  end  I  believe  he  is  tech- 
nically described  as  a  'hobo.'  If  he  comes  at  the  other  end 
he  is  described  by  many  different  terms,  but  by  any  which 
truthfully  describes  him  to  be  worse  than  a  hobo.  If  he 
doesn't  work — if  he  hasn't  got  in  him  not  merely  capacity 


98  Railroads  and  the  Public. 

for  work  ])ut  the  desire  for  work — then  nothing  can  be 
done  with  him.  He  is  out  of  ])lace  in  our  community.  We 
have  in  our  scheme  of  g-overnment  no  room  for  tlie  man 
who  doesn't  wish  to  pay  his  way  throug-h  life  by  what  he 
does,  by  what  he  does  for  himself  and  for  the  community. 
If  he  has  leisure  which  makes  it  unnecessary  for  him  to  de- 
vote his  time  to  earning  his  daily  bread,  then  all  the  more 
he  is  bound  to  work  just  as  hard  in  some  way  that  will  make 
the  community  the  better  off  for  his  existence.  If  he  fails 
in  that,  he  fails  to  justify  his  existence. 

Work!  The  capacity  for  work  is  absolutely  necessary, 
and  nu  man's  life  is  full,  no  man  can  be  said  to  live  in  the 
true  sense  of  the  word,  if  he  doesn't  work.  That  is  neces- 
sary, and  it  isn't  enough.  If  a  man  is  utterly  selfish,  if  he 
is  utterly  disregardful  of  the  rights  of  others,  if  he  has  no 
ideals,  if  he  works  simply  for  the  sake  of  ministering  to  his 
own  base  passions,  if  he  works  sini]ily  to  gratifv  himself, 
small  is  his  good  in  the  community.  I  think  even  then  he 
is  probably  better  than  if  he  is  an  idler;  that  is,  he  may  be 
better  than  if  he  is  an  idler ;  but  he  is  of  no  real  use  unless, 
together  with  the  quality  which  enables  him  to  work,  he  has 
the  quality  which  enables  him  to  love  his  fellows,  to  work 
with  them  and  for  them  for  the  common  good  of  all.  And 
it  seems  to  me  that  these  Young  Men's  Christian  Associa- 
tions play  a  part  of  the  greatest  consequence  not  merely  be- 
cause of  the  great  good  they  do  in  themselves,  but  because 
of  the  lesson  of  brotherhood  that  they  teach  all  of  us. 

Gentlemen,  all  of  us  here  are  knit  together  by  bonds  which 
we  cannot  sever.  For  weal  or  for  woe,  our  fates  are  inex- 
tricably intermingled.  All  of  us  in  our  present  civilization 
are  dej)endent  upon  one  another  to  a  degree  never  before 
known  in  the  history  of  mankind,  and  in  the  long  run  we 
are  going  to  go  up  or  go  down  together.  For  the  moment, 
some  man  may  rise  by  trampling  on  his  fellows;  for  the  mo- 
ment, and  much  more  commonly,  some  men  may  think  they 


Railroads  and  the  Public.  99 

will  rise  or  gratify  their  envy  and  hatred  by  pulling  down 
others;  but  any  such  movement  upward  is  probably  illusory, 
is  certainly  shortlived.  Any  permanent  movement  upward 
must  come  in  such  shape  that  we  all  of  us  feel  the  lift  a  lit- 
tle And  if  there  is  ?  tendency  downward,  all  of  us  will 
feel  that  tendency,  too.  We  must,  if  we  are  to  raise  our- 
selves, realize  that;  realize  that  each  of  us  in  the  long  run 
can  with  certainty  be  raised  only  if  the  conditions  are  such 
that  all  of  us  are  somewhat  raised,  and  in  order  to  bring 
about  those  conditions  the  first  essential  is  that  each  shal/ 
have  a  genuine  spirit  of  regard  and  friendship  for  the  others, 
and  that  each  of  us  shall  try  to  look  at  the  problems  of  life 
somewhat  from  his  neighbor's  standpoint ;  that  we  shall  have 
the  capacity  to  understand  one  another's  position,  one  an- 
other's needs,  and  also  the  desire  each  to  help  his  brother 
as  well  as  to  help  himself.  To  do  that  wisely,  wisely  to 
strive  with  that  as  the  aim,  is  not  very  easy.  Many  quali- 
ties are  needed  in  order  that  we  can  contribute  our  mite  to- 
ward the  upward  movemer'  of  the  world,  the  quality  of  self- 
abnegation,  and  yet  combined  with  it  the  quality  which 
will  refuse  to  submit  to  injustice.  Mind  you  that,  gentle- 
men. I  want  to  preach  the  two  qualities  going  hand  in 
hand.  I  don't  want  a  man  to  fail  to  strive  for  his  own 
betterment,  I  don't  want  him  to  be  quick  to  yield  to  in- 
justice, but  I  want  him  to  stand  for  his  rights.  Of  course, 
I  want  him  to  stand  for  his  rights,  but  I  want  him  to  be  very 
certain  that  he  knows  what  his  rights  are,  and  that  he  does 
not  make  them  the  wrongs  of  someone  else. 

I  have  a  great  deal  of  faith  in  the  average  American  citi- 
zen. I  think  he  is  a  pretty  good  fellow,  and  I  think  he  can 
generally  get  on  with  the  other  average  American  citizen  if 
he  will  only  know  it.  If  he  doesn't  know  it  and  er«cts  him 
into  a  monster  in  his  mind,  then  he  won't  get  on  with  him, 
of  course;  but  if  he  will  take  the  trouble  to  know  it  and  to 
realize  it  that  he  is  a  being  just  like  himself,  with  the  same 


lOO  Railroads  and  the  Public. 

instincts — not  all  of  them  g-ood — the  same  desire  to  over- 
come those  that  are  not  good,  he  same  purposes,  the  same 
tendencies  to  shortcomings,  the  same  desires  for  good,  the 
s:^me  need  of  striving  against  the  evil — if  he  will  realize 
that,  and  if  you  can  get  the  two  together  with  an  honest 
desire  each  to  try,  not  only  to  help  himself,  but  to  help  the 
other,  most  of  our  problems  will  be  solved.  I  can  imagine 
no  way  more  likely  to  hurry  forward  such  a  favorable  solu- 
tion than  this;  and  therefore  I  congratulate  you  with  all 
my  heart  upon  this  meeting  today,  and  therefore  I  esteem 
myself  fortunate  in  having  the  chance  of  addressing  you. 

It  is  a  good  thing,  a  very  good  thing,  to  attend  to  the 
material  side  of  life.  Indeed,  that  is  not  putting  it  strong- 
ly enough.  We  must  in  the  first  instance  attend  to  our 
material  prosperity.  Unless  we  have  that  as  a  foundation, 
we  cannot  build  any  kind  of  life  upon  it,  but  we  shall  lead 
a  miserable  and  sordid  life  if  we  spend  our  whole  time  in 
doing  nothing  but  attend  to  our  material  needs.  If  the 
building  up  of  railroads,  if  the  building  up  of  the  farms,  of 
the  factories,  of  the  industrial  centers,  means  nothing  what- 
ever but  an  increase  in  the  instruments  of  production  and 
an  increase  in  the  fevered  haste  with  which  those  instru- 
ments are  used,  then  progress  amounts  to  little.  If,  how- 
ever, the  upbuilding  of  all  material  prosperity  is  to  serve 
as  a  foundation  upon  which  we  raise  a  higher,  a  purer,  a  full- 
er, a  better  life,  then  indeed  things  are  well  with  the  repub- 
lic. If,  as  our  wealth  increases,  the  wisdom  of  our  use  of 
the  wealth  increases  in  even  greater  proportion,  then 
the  wealth  has  abundantly  justified  its  existence  many  times 
ovar.  if,  with  the  industry,  the  skill,  the  hardihood,  of 
those  whom  I  am  addressing,  and  their  fellows — if  with 
those  qualities  of  theirs  nothing  comes  beyond  a  sel- 
fish desire  each  to  grasp  for  himself  whatever  he  can  of 
material  enjoyment,  if  such  l^e  the  case,  then  the  outlook  for 
the  future  is  indeed  grave.       If  such  be  the  case,  then  the 


Railroads  and  the  Public.  loi 

advantage  of  living  in  the  twentieth  century,  surrounded  by 
all  our  modern  improvements  and  our  modern  symbols  of 
progress,  is  indeed  small.  But  if  we  mean  to  make  of 
each  fresh  development  in  the  way  of  material  betterment  a 
step  toward  a  fresh  development  in  moral,  spiritual,  intel- 
lectual betterment  then  we  are  to  be  congratulated. 

To  me  the  future  seems  full  of  hope,  because,  although 
there  are  conflicting  tendencies,  and  although  some  of  these 
tendencies  of  our  present  life  are  full  of  evil,  yet,  on  the 
whole,  the  tendencies  for  good  are  in  the  ascendant.  And 
I  greet  this  audience,  I  greet  this  great  body  of  delegates, 
with  peculiar  pleasure  because  they  are  men  who  embody — 
and  embody  by  the  very  fact  of  their  presence  here — the  two 
essential  sets  of  qualities  of  which  I  have  been  speaking. 
They  embody  a  capacity  for  self  help  with  the  desire  mutual- 
ly to  help  one  another.  You  have  got  several  qualities  I 
like.  You  have  good,  sound  bodies.  Your  profession  is 
not  one  that  can  be  carried  on — at  least  in  some  of  its 
branches — very  favorably  without  the  sound  body.  You 
have  good,  sound  minds,  and  that  is  better  than  sound  bod- 
ies. And  finally,  the  fact  that  you  are  here,  the  fact  that 
you  have  done  what  you  have  done,  shows  that  you  have 
that  which  counts  for  more  than  body — for  more  than  mind 
—character. 

Character !  That  is  what  tells  in  the  long  run — charac- 
ter which  is  compounded  of  many  different  qualities.  In 
the  first  place,  of  perseverance,  resolution,  refusal  to  be 
daunted.  There  is  not  a  man  here  who  doesn't  at  times 
fail,  who  doesn't  meet  failure — not  one.  And  the  differ- 
ence between  the  man  and  the  sham  man  is  that  failure 
daunts  the  one  and  merely  makes  the  other  try  harder  to 
overcome  it.  That  is  one  side  of  character.  Think  for 
yourselves  how  much  more  it  means  than  mind  or  body. 
The  intellectual  man  who  is  afraid  can't  do  anything.  He 
meets  an  obstacle  and  he  can  not  surmount  it,  and  he  is 


102  Railroads  and  the  Public. 

cowed  by  it.  The  man  without  this  mentav  gift  who,  in- 
stead of  being-  cowed  by  it,  is  spurred  to  fresh  effort  by  its 
existence,  will  pass  the  other  in  the  race  of  life  as  sure  as  the 
sun  rises  in  the  east. 

I  congratulate  you,  as  I  say,  not  only  because  you  are 
bettering  yourselves,  but  because  to  you,  for  your  good 
fortune,  it  is  given  to  better  others,  to  teach  in  the  way  in 
which  teaching  is  most  effective — not  merely  by  precept, 
but  by  action.  The  railroad  men  of  this  country  are  a 
body  entitled  to  the  well  wishes  of  their  fellow  men  in  any 
event,  but  peculiarly  is  this  true  of  the  railroad  men  of  the 
country  who  join  in  such  work  as  that  of  these  Young  Men's 
Christian  Associations,  because  they  are  showing  by  their 
actions — and,  oh.  how  much  louder  actions  speak  than 
words — that  it  is  not  only  ix)ssible,  but  verv.  very  possible 
and  easy  to  combine  the  manliness  which  makes  a  man  able 
to  do  his  own  share  of  the  world's  work  with  that  fine  and 
lofty  love  of  one's  fellow  men,  which  makes  you  able  to 
come  together  with  your  fellows  and  work  hand  in  hand 
with  them  for  the  common  good  of  all,  for  the  common 
good  of  mankind  in  general.     I  congratulate  you." 

An  argument  as  made  by  Rev.  Dr.  Henson,  that  the 
tendencies  of  these  associations  is  to  draw  labor  and  capital 
closer  together,  unquestionably  possesses  merit. 

In  speaking  of  the  strained  relations  existing  between 
employer  and  employee.  Dr.  Henson  said,  ''That  years  ago 
the  master  and  the  workman  sat  at  the  same  bench  and 
worked  together.  Today  the  employer  spends  largely  of 
his  time  in  Europe  and  is  practically  unapproachable  to  his 
employee." 

Even  stationed  in  Boston,  with  all  the  cares  of  a  big 
railroad  system,  certainly  the  time  would  not  be  at  hand  to 
attend  to  details  and  grant  interviews  to  individual  em- 
ployees. 


Railroads  aii'J  the  Public.  103 

Assume  though,  that  there  was,  by  mutual  assistance  of 
the  railroads  and  the  employees,  some  club  or  association, 
by  any  name  whatsoever,  having  attractions  to  draw  from 
all  departments  representative  men  that  opinions  might  be 
exchanged;  I  believe  it  would  result  advantageously  to  both 
interested  parties. 

This  opinion  was  presented  to  the  President  of  the  New 
Haven,  the  late  Judge  Hall,  for  the  reason  that  should 
there  be  any  mistake  as  to  the  attitude  of  his  railroad,  it 
certainly  was  not  the  desire  to  agitate  the  men  to  endeavor 
to  force  the  hand  of  an  official,  so  generally  respected.  With 
the  communication  to  the  President,  were  enclosed  certain 
legislative  reports  of  the  Brotherhood  of  Locomotive  Engi- 
neers, as  tending  to  show  we  had  gone  outside  of  practical 
railroading,  in  a  desire  upon  our  part  to  establish  "a  com- 
munity of  interest." 

In  his  reply,  Judge  Hall  stated,  he  was  much  pleased 
with  the  interest  taken  by  all  his  employees,  and  in  regard 
to  the  Young  Men's  Christian  Association  he  had  no  doubt 
but  the  railroad  would  do  all  that  might  reasonably  be  ex- 
pected, but  just  what  could  be  done  was  a  matter  for  the 
directors  to  decide. 

With  this  assurance  a  petition  was  circulated,  asking  the 
Assistant  to  the  General  Superintendent  to  assume  the  di- 
rectorate of  a  movement  to  establish  an  association  of  rail- 
road employees  upon  the  south  side  of  the  city  of  Boston. 

The  signatures  of  several  hundreds  of  employees  from 
all  departments  were  affixed  to  this  petition,  pledging  their 
assistance  toward  making  the  purpose  a  success  In  this 
case  the  gentleman  to  whom  the  petition  was  addressed 
should  be  willing  to  admit  he  received  a  flattering  testi- 
monial from  the  employees,  inasmuch  as  all  appreciated  the 
fact,  that  in  his  position  as  an  official,  we  were  willing  to 
accept  him  as  the  chosen  representative  of  the  men. 


104  Railroads  and  the  Public. 

IMore  than  a  year  went  by  and  no  answer  came  to  our 
petition  from  the  railroad  officials. 

It  seemed  too  bad  that  our  purpose  could  not  be  enter- 
tained, and  we  turned  to  the  Boston  Young  Men's  Christian 
Union,  which  being-  less  than  seven  minutes  walk  from 
the  South  Station,  is  to  all  practical  purposes  conveniently 
accessible  to  the  employees  of  the  railroads.  It  is  the  first 
of  its  kind  and  one  of  the  most  democratic  and  thoroughly 
American  institutions  in  the  country.  It  is  furnished  with 
the  largest  and  best  equipped  reading  room  and  library  in 
the  city,  while  in  its  parlors  and  class  rooms  are  found  at- 
tractions for  men  of  all  grades  of  society,  at  the  nominal 
fee  of  one  dollar  per  year.  For  those  who  delight  in 
athletics  the  Union  has  the  largest  and  best  equipped  gym- 
nasium and  bath  rooms  in  Boston.  By  way  of  special  in- 
vitation to  the  railroad  men  we  asked  that  special  quarters 
be  assigned  for  their  use,  the  Union  providing  light  and 
heat,  the  railroad  paying  the  expense  of  fitting  up  and 
caring  for  the  rooms.  We,  upon  our  part,  agreed  to  in- 
crease in  thirty  days  from  the  acceptance  of  the  offer,  the 
membership  of  the  Union  by  five  hundred  members. 

At  a  regular  meeting  of  the  directors  of  the  Union  our 
suggestion  was  accepted,  and  at  our  request  the  railroad 
was  notified  of  the  same,  but  inasmuch  as  nothing  has  been 
heard  from  this,  our  second  offer,  we  fear  it  rests  in  the 
same  pigeon  hole  with  the  first. 

Boston  Young  Men's  Christian  Union  should  rival  in 
membership  and  good  work  accomplished  the  widely  known 
Cooper  Institute  of  New  York. 

With  all  the  advantages  to  be  obtained  from  the  Union 
it  may  be  fair  to  ask  why  railroad  men  do  not  more  gener- 
ally avail  themselves  of  these  privileges. 

First  is  the  mistaken  belief  that  it  is  an  institution  where 
they  try  to  cram  a  lot  of  religion  down  your  throat,  while 
as  a  matter  of  fact,  except  in  the  rooms  assigned  for  that 


Railroads  and  the  Public.  105 

purpose,  the  subject  of  religion  is  seldom  broached.  It  is 
non-sectarian,  and  in  its  membership  are  represented  all 
creeds.  Religion  is  provided  just  as  are  entertainments, 
lectures  and  other  debatable  subjects,  but  it  is  not  forced 
upon  the  attention  of  any  one. 

Another  and  equally  forcible  reason  why  we  are  not  rep- 
resented there  in  larger  numbers,  is  owing  to  the  fact  that 
men  who  are  in  circumstances  to  pay  for  what  they  get 
feel  that  by  accepting  these  favors  for  such  a  nominal  sum 
they  lower  their  snirit  of  self -independence  and  are  accept- 
ing privileges  that  might  be  inteq)reted  as  matters  of 
charity.  The  same  could  be  said  of  our  libraries  or  col- 
leges. 

One  of  the  principal  aims  of  the  employees  is  to  im- 
press the  members  with  the  fact  that  they  are  entitled  to  all 
the  privileges  for  the  value  the  Union  receives.  In  the  chess 
rooms,  the  parlors  and  the  gymnasium  are  to  be  found 
many  of  the  most  successful  business  men  of  the  city,  while 
upon  the  books  as  members,  are  the  names  of  the  most 
prominent  men  of  the  state.  It  was  in  the  hopes  that  by 
the  railroads  doing  their  share,  the  feeling  of  our  being  as- 
sociated with  a  quasi  charitable  association  might  be  elim- 
inated.    We  tried  to  bring  them  into  the  agreement. 

Instruction  is  provided  in  the  class  rooms,  intended 
to  prepare  young  men  for  positions  in  business.  It 
might  be  possible  to  establish  an  elementary  training, 
such  as  could  be  acquired  by  lectures  to  young  men 
who  might  aspire  to  enter  the  service  of  the  railroad  and 
from  such  a  course  the  public  could  be  greatly  benefited. 
The  fellow  employees  of  the  new  men  would  be  benefited, 
and  unquestionably  the  stockholders  would  be  benefited  also. 
Believing  firmly  in  the  great  good  to  be  derived  frorri  this 
elementary  training,  we  would  advocate  the  establishment 
of  state  training  schools  for  this  branch  of  the  public  serv- 
ice. 


io6  Railroads  and  the  Public. 


CHAPTER  IX. 

TECHNICAL  TRAINING  SCHOOL   IN   RAILROADING. 

Following  the  publication  of  the  report  of  the  Interstate 
Commerce  Commission  we  may  read  in  many  of  our  lead- 
ing journals  unfavorable  comments  in  reference  to  the 
safety  of  travel  upon  our  railroads.  Many  railroad  men 
and  writers  have  tried  to  explain  and  excuse  this  condition, 
but  none  to  my  mind  have  come  as  near  to  the  cause  as 
President  Tuttle  of  the  Boston  &  Maine  Railroad,  who  has 
been  quoted  as  stating  to  a  Boston  audience  in  the  course 
of  an  address  upon  the  causes  of  accidents  upon  our  rail- 
roads :  "It  seems  to  me,  therefore,  that  in  the  development 
of  our  railway  business,  the  demand  for  reliable  men  under 
certain  conditions  is  greater  than  can  be  supplied."  After 
this  plain  statement,  coming  from  such  an  author,  we  might 
reasonably  expect  the  railway  companies  to  welcome  any 
agency  tending  to  furnish  better  men,  trained  to  take  up 
the  duties  required. 

It  is  possible  the  public  is  not  aware  that  it  is  not  an 
unusual  practice  to  send  out  upon  important  trains  men  to 
act  as  firemen  or  brakemen  who  do  not  know  the  first  prin- 
ciples of  the  required  duties.  Greater  interest  should  be 
taken  by  the  public  in  the  personnel  of  the  railroad  em- 
ployees, certainly  as  much  as  in  the  training  of  men  in  the 
practice  of  navigation. 

In  the  year  1891  a  law  was  enacted  "to  provide  and  main- 
tain a  nautical  training  school  for  the  instruction  of  pupils 
in  the  science  of  and  the  practice  of  navigation."  By  the 
provisions  of  this  law  $50,000  a  year  could  be  expended  for 

the  purpose. 

In  1903  the  law  was  amended  whereby  the  Legislature 
will  appropriate  such  sums  as  are  deemed  necessary;  and 


Railroads  and  the  Public.  107 

in  their  judgment  the  state  is  warranted  in  appropriating 
and  expending  $60,000  a  year. 

In  his  address  to  the  Legislature,  January  5,  1905,  His 
Excellency,  Governor  Douglas,  stated,  "In  my  judgment 
Massachusetts  made  a  good  investment  when  it  gave  finan- 
cial encouragement  to  our  textile  schools  and  our  nautical 
training  school.  I  believe  we  should  have  similar  schools 
in  other  industries." 

Therefore,  with  such  strong  endorsement  in  favor  of  ele- 
mentary training  for  young  men  to  enter  other  lines  of  em- 
ployment, why  is  it  not  pertinent  to  ask  to  have  some  steps 
taken  to  provide  for  men  in,  or  desirous  of  entering,  the 
service  of  the  railroads.  This  could  be  done  under  the 
supervision  of  the  Board  of  Railroad  Commissioners,  and, 
inasmuch  as  the  expenses  of  this  board  are  paid  from  a  tax 
levied  upon  the  railroads,  it  would  simply  require  the  people 
most  directly  benefited  to  furnish  the  means  for  supporting 
this  school. 

That  one  of  our  railroads  appreciates  the  necessity  for 
technical  training  may  be  inferred  from  the  fact  that  it  has 
recently  expended  $10,000  for  a  course  of  lectures  to  be 
given  without  cost  to  their  employees. 

Many  railroads  have  established  facilities  for  the  instruc- 
tion and  education  of  their  engineers  and  firemen.  They 
have  examining  boards  of  experienced  men.  The  firemen, 
according  to  the  arrangements  formulated,  have  a  year  in 
which  to  study  a  book  of  rules  and  instructions  relating  to 
the  mechanical  and  fuel  phases  of  the  locomotive,  and  must 
then  undergo  an  examination  before  the  board.  The  penalty 
of  failure  to  pass  with  a  certain  percentage  of  merit,  either 
in  the  first  or  second  year,  is  dismissal  from  the  service. 
The  final  percentage  is  an  average  of  80  for  the  three  years' 
course,  and  100  to  qualify  for  a  diploma  as  an  engineer,  in 
a  subject  to  be  specially  prepared  by  the  board. 


I'^S  Railruads  and  the  Public. 

This  looks  well  upon  paper,  and  if  this  so-called  board 
could  demonstrate  that  their  theories  are  practical  all  would 
be  very  nice;  but  as  a  matter  of  fact  these  experienced  men 
who  act  as  instructors  and  examiners  are  like  a  lot 
of  the  women  who  never  had  a  baby,  but  would  pose  as 
authorities  to  tell  mothers  how  children  should  be  brought 
up. 

Some  time  ago  notices  were  posted  ui>on  the  bulletin 
boards  of  our  several  departments  informing  us  of  the  fact 
that  the  railroad  had  i)laced  a  special  car  at  the  disposal  of 
the  agents  of  the  Scranton  Correspondence  School,  and 
we  were  requested  to  attend  lectures  and  accept  the  instruc- 
tions received  there  as  law.  The  railroad  entered  into  a 
conspiracy  with  the  promoters  of  this  school  whereby,  as  a 
special  inducement  to  assist  the  agents,  the  railroad  would 
accept  an  assignment  of  wages  from  such  of  their  employees 
as  could  not  pay  in  advance.  The  car  was  brought  to  Bos- 
ton and  we  all  attended  the  lectures,  given  by  a  most 
affable  corps  of  instructors,  who,  assisted  by  the  use  of  a 
chemical  laboratory,  informed  us  how  locomotives  should  be 
fired  and  run.  We  had  learned  by  experience  and  had  in- 
structed our  firemen  that  our  engines  would  steam  freer, 
burn  less  coal  and  emit  less  smoke  if  a  proper  amount  of 
air  was  admitted  through  the  fire-box  door. 

The  chemists  informed  us  we  did  not  know  our  business, 
and  the  fire-box  door  must  be  kept  closed  tight.  Although 
we  had  run  engines  on  the  mountains  and  in  the  hot  lands 
of  old  Mexico,  and  plowed  snow-drifts  as  firemen  and  en- 
gineers in  New  England,  we  didn't  mind  being  told  that, 
but  when  a  delegation  could  come  from  the  west  and  tell 
us  in  Boston,  that  the  agglutinated  residuum  found  in  our 
fire-boxes  we  were  in  the  habit  of  calling  clinkers,  should 
be  more  correctly  defined  as  peroxides  of  iron,  the  effect 
can  be  imagined  better  than  described. 


Railroads  and  the  Public.  109 

However,  we  were  solaced  by  the  poetical  recitations  with 
which  these  lectures  were  brought  to  a  close,  and  we  re- 
ceived cordial  invitations  to  enroll  as  members  on  the  very 
considerate  conditions  made  possible  by  the  railroad  in  the 
form  of  the  easy  payment  plan. 

Had  our  smoke  agents  stuck  to  their  "locomotive  running 
taught  by  mail"  all  might  have  been  well,  but  they  com- 
mitted the  error  of  attempting  to  put  their  theoretical  ideas 
into  practice,  and  here  was  where  the  arrow  found 
"Achilles's  heel." 

The  spokesman  of  the  board  of  instructors  was  appointed 
to  assume  charge  of  our  engines,  and  we  were  informed 
through  a  bullet'.n  notice  of  that  fact,  and  ordered  to  recog- 
nize his  authority.  Under  the  new  regime  it  soon  became 
apparent  that  to  supplv  our  engines  with  the  extra  coal  re- 
quired our  tenders  must  be  built  to  carry  more.  The  offi- 
cials, not  being  required  to  buy  the  fuel,  appeared  indiffer- 
ent to  this  feature  of  the  case,  but  when  delay  reports  con- 
tinued to  record  low  steam,  the  gentleman  from  the  Scran- 
ton  Correspondence  School  was  excused  from  further  ser- 
vice, and  the  railroad  is  content  to  have  them  continue  their 
practice  by  mail. 

Now,  if  these  railroad  officials  cannot  operate  their  own 
railroad  without  turning  it  over  to  this  correspondence 
school  it  IS  about  time  the  public,  who  have  to  pay  the  bills 
and  submit  to  this  poor  service,  would  accept  the  control 
for  itself. 

There  is  no  denyinp-  the  fact  that  a  technical  educa- 
tion, coupled  with  practical  experience  is  a  combina- 
tion that  cannot  be  beaten.  Unless  one  cares  to  trust  to 
chance,  these  qualifications  should  be  considered  absolutely 
essential  in  everv  man  placed  in  a  position  of  responsi- 
bility on  our  railroads.  It  is  not  too  high  a  standard,  and 
we  believe  it  may  be  secured  with  profit  to  all. 


no  Railroads  and  the  Public. 

In  1862  Congress  passed  an  act  for  the  purpose  of  aiding 
in  the  maintainance  of  colleges,  where  the  leading  object 
shall  be  to  teach  such  branches  of  learning  as  are  related 
to  agriculture  and  the  mechanical  arts. 

Under  the  provisions  of  this  act  Purdue  University  of 
Lafayette.  Ind.,  was  organized,  and  has  established  a  na- 
tional reputation. 

The  Purdue  Locomotive  testing  plant  provides  for  the  re- 
ception of  a  locomotive  within  the  building  in  such  a  way  as 
to  allow  its  action  to  be  studied  and  its  performance  tested 
while  the  engine  is  run  at  any  desired  speed  and  under  any 
load,  the  conditions  being  similar  to  those  of  the  track. 
When  mounted  on  the  testing  plant,  the  locomotive  is  fired 
and  its  motion  is  controlled  precisely  as  if  it  were  upon 
the  road. 

With  a  technical  training  school  established  upon  such 
principles,  examinations  and  tests  of  value  could  be  held, 
and  here  the  principles  of  railroading  could  be  taught,  not 
alone  to  men  in  the  active  service,  but  to  men  desirous  of 
entering  the  service.  An  applicant  applying  for  a  situation 
is  required  at  the  present  time  to  furnish  certain  informa- 
tion upon  a  prescribed  form.  If  the  applicant  is  a  desirable 
person,  a  certain  eyesight  test  is  all  that  is  further  required. 

We  would  establish  further  requirements  and  place  the 
tests  of  the  same  in  the  hands  of  the  representatives  of  the 
class  most  vitally  interested ;  viz :  in  the  hands  of  the  Rail- 
road Commissioners. 

If  these  applicants  do  not  at  first  possess  the  necessary  re- 
quirements, the  application  blank  approved  by  the  railroad 
should  be  considered  a  card  of  admission  to  the  training 
school  where  the  necessary  instruction  would  be  furnished 
free  of  charge.  An  endorsement  of  the  application  by  the 
commissioners  should  be  necessary  for  the  applicant  to  re- 
ceive employment. 


Railroads  and  the  Public.  iir 

In  J  864,  Massachusetts  in  her  Railroad  Commission,  es- 
tabHshed  g-overnmental  supervision  of  her  railroads. 

No  practical  railroad  man  can  say  it  is  possible  for  the 
Board  of  Railroad  Commissioners,  with  the  limited  force 
employed  by  them,  to  maintain  a  proper  supervision  of  a 
single  division  of  one  of  our  railroads,  to  say  nothing-  of 
all  the  railroads  and  street  railway  systems  of  the  state. 

The  inevitable  consequence  of  attempting  such  a  task 
is  the  loss  of  public  confidence,  and  to  place  them  eventu- 
ally as  the  Springfield  Union  has  placed  them  in  the  toils 
of  the  railroads. 

To  extricate  them  from  this  position  they  should  be 
given  the  means  to  exercise  their  powers  and  obtain  their 
knowledge  first  hand,  and  not  as  it  is  prepared  for  them 
by  the   railroad   officials. 

The  corps  of  instructors  employed  in  the  training  school 
could  be  used  as  inspectors  and  experts  to  obtain  this  in- 
formation. 

How  and  where  could  such  a  school  be  established? 

There  is  at  the  present  time  conveniently  situated  and 
admirably  adapted,  a  building  owned  by  one  of  our  rail- 
road comjianies,  which  has  stood  idle  for  some  years, 
The  Park  Square  passenger  station  of  the  Boston  &  Provi- 
dence Railroad.  This  was  recently  purchased  by  the  New 
York,  New  Haven  &  Hartford  Railroad  and  assessed  by 
the  city  of  Boston  for  $40,000. 

Move  the  Railroad  Commissioner's  office  to  this  building, 
paying  the  costs  of  supporting  this  plant  as  are  other  ex- 
penses of  the  board,  and  with  efficient  officials  in  charge  of 
the  work  Massachusetts  would  contain  the  criterion  rail- 
road systems  of  the  world. 

Should  our  proposition  be  considered  too  broad  for  our 
State  Board  of  Railroad  Commissioners,  we  might  ask  to 
have  a  branch  of  the  Interstate  Commission  established  here 
in  Boston,  taking  up  this  plan  and  supenasing  the  railroads 
of  New  England. 


112  Railroads  and  the  Public. 


CHAPTER  X. 

RAILROAD    EMPLOYEES    "wiTH    TITE    RAILROADS^'    AS    A    COM- 
MUNITY OF   INTERESTS. 

The  fair  wages  and  many  advantages  enjoyed  by  tke  lo- 
comotive engineers  are  the  harvests  reaped  from  the  fields 
sown  by  men.  the  majority  of  whom  have  long  since  gone 
to  the  Beyond.  Yet  these  men  will  continue  to  live  for  all 
time  in  the  grateful  memory  of  all  who  have  inherited  the 
fruits  of  their  labors.  These  are  found  embodied  in  the 
principles  of  the  Brotherhood  of  Locomotive  Engineers. 

That  the  leaders  of  this  organization  have  made  mistakes 
cannot  be  gainsaid,  bitt  the  fact  that  the  successful  labor 
leader  of  today  is  adopting  the  policies  and  practicing  the 
methods  as  followed  by  the  leader  of  the  engineers  twenty 
years  ago,  is  the  highest  tribute  that  could  be  paid  to  the 
wisdom  and  sagacity  of  that  worthy  leader,  the  late  P.  M. 
Arthur. 

Through  the  many  years  during  which  this  man  shaped 
the  destinies  of  our  organization,  his  counsel  ever  had  a  con- 
trolling influence  upon  its  members.  It  is  not  enough  for  the 
engineers  of  today  to  live  upon  the  past  history  of  this  or- 
ganization. P.  M.  Arthur  has  gone.  He  has  laid  down 
the  labors  that  must  be  carried  on  by  other  hands,  and  they 
should  ever  remember,  their  vocation  is  largely  a  position 
held  in  trust  for  their  successors,  and  that  the  value  of 
this  inheritance  depends  greatly  upon  the  trusteeship  of  to- 
day. 

The  relations  of  railroad  officials  and  employees  have 
changed  radically  during  the  past  few  years,  and  probably 
no  more  influencing  factor  can  be  found  to  be  held  responsi- 
ble for  this  change  than  the  lesson  learned  from  the  Chi- 


Railroads  and  the  Public.  113 

cago,  Burlington  &  Quincy  strike.  Here  was  an  issue  that 
cost  millions  of  dollars,  and  even  today,  years  after  the 
fight,  the  members  of  the  Brotherhood  of  Locomotive  En- 
gineers pay  an  assessment  toward  a  fund  for  the  benefit 
of  members  who  lost  situations  on  account  of  the  strike. 
Like  the  Battle  of  Bunker  Hill,  it  is  a  debateable  question 
as  to  which  side  really  won;  but  it  demonstrated  one  fact, 
that  such  methods  of  settling  disputes,  like  the  customs  of 
the  fuedal  kings,  belong  to  other  days. 

A  few  years  ago  what  would  have  been  thought  of  a 
labor  organization  that  would  allow  itself  to  be  recorded 
by  its  representative  as  ''zmth  the  railroads?    Yet  this  un- 
qualified assertion,  made  to  a  committee  of  the  Legislature 
of  Massachusetts   by  an  authorized  representative  of  the 
Brotherhood  of  Locomotive  Engineers,  was  approved  and 
endorsed  by  the  members  of  the  organization.     It  was  with 
some  misgivings  and  only  after  due  deliberation  that  this 
step  was  taken,  for  no  class  appreciates  to  a  higher  degree 
than  the  locomotive  engineers  the  influence  of  public  opin- 
ion, and  unless  sound  logical  reasoning  was  shown  in  sup- 
port of  the  position  taken,  it  might  mean  the  loss  of  public 
respect.     It  is  a  patent  fact  that  certain  agitators  ever  de- 
light in  the  use  of  that  great  slogan  cry,  "anything  to  down 
the  corporations,"  and  the  public  often  fails  to  note  the  fact 
that  corporations  are  made  up  of  individuals.     Railroads 
in  their  make-up  and  operation  embrace  every  trade  and 
profession;  they  do  a  business  upon  borrowed  capital,  the 
interest  upon  which  must  be  paid  or  eventually  the  road 
will  reach  the  hands  of  a  receiver,  to  the  loss  of  the  invest- 
or.    xA.fter  dividends,  our  wages  and  the  cost  of  operation 
and  maintenance  must  be  considered,  and  all  of  these  are 
to  be  paid  from  receipts  from  freight  or  passengers  carried. 
Is  it  not  illogical  for  the  public  to  expect  better  cars  to 
ride  in,   better  stations  to   wait   in,   better   road  bed  that 
faster  trains  may  be  run  upon  it  for  the  comfort  and  safety 


114  Railroads  and  the  Public. 

of  all  concerned,  and  at  the  same  time  expect  reduced  rates, 
carrying  with  them  reduced  incomes?  Is  it  fair  to  the 
men  employed,  whose  hours  are  longer,  whose  labors  are 
more  arduous,  and  responsibilities  greater  than  men  em- 
ployed in  other  callings,  oftentimes  at  better  wages?  It  is 
in  opposition  to  this  reduction  of  incomes  that  the  Brother- 
hood of  Locomotive  Engineers  are  recorded  "with  the  rail- 
roads." 

This  action  started  among  the  engineers,  not  only  of  the 
New  York,  New  Haven  &  Hartford,  but  among  those  of  the 
Boston  &  ]\Iaine  system  on  a  petition  to  the  officials  of  the 
roads  for  an  increase  of  pay  and  a  reduction  of  hours.  One 
of  the  first  objections  that  our  committee  always  meets  with 
from  the  management  of  the  road  is  that  the  revenue  will 
not  warrant  such  a  request,  or  words  to  that  effect.  Acting 
upon  this  belief,  we  thought  it  was  quite  in  line  with  our 
interests  to  object  to  irresponsible  and  inexperienced  legis- 
lators making  rate  tariffs  for  our  railroads.  As  engfineers. 
especially,  we  understand  that  there  is  nothing  that  can  be 
done  that  does  not  interfere  more  with  our  calling  than 
with  any  other  branch  of  the  service.  If  any  accident  hap- 
pens it  is  directly  attributed  to  carelessness  or  oversight 
on  the  part  of  the  engineer.  We  insist  that  something  in 
the  way  of  protection  should  be  thrown  around  the  en- 
gineers who  run  trains  upon  these  roads.  We  believe  we 
are  justified  in  protesting  against  any  action  likely  to  defer 
the  adoption  of  improvements  that  will  benefit  us. 

In  the  year  1902  there  were  presented  to  the  Legislature 
of  Massachusetts  a  number  of  bills  relative  to  the  reduction 
of  fares  ujjon  steam  railroads.  It  was  claimed  by  counsel 
for  the  railroads  that  should  these  measures  become  law 
the  revenue  of  the  railroads  would  be  greatly  reduced. 
These  matters  were  brought  to  the  attention  of  the  several 
divisions  of  the  Brotherhood  of  Locomotive  Engineers,  and 
as  their  representative,  the  Leg.  Agt.  was  authorized  to  ap- 


Railroads  and  the  Public.  115 

pear  before  the  Committee  on  Railroads  in  remonstrance  to 
the  proposed  legislation.  April  15,  addressing  this  commit- 
tee, he  stated  to  these  gentlemen :  "In  the  measures  now  un- 
der your  consideration,  as  well  as  certain  other  bills  of  a 
nature  likely  to  reduce  the  revenues  of  the  railroads,  we  re- 
spectfully ask  you  to  consider  in  your  deliberations  the  in- 
terests of  labor.  It  has  been  stated  to  you,  gentlemen,  by  the 
counsel  of  the  Boston  &  Maine  Railroad,  that  that  railroad 
has  within  the  past  three  years,  increased  the  wages  of  the 
same  employees  $300,000.  It  was  also  stated  here  that 
more  than  60  per  cent,  of  the  operating  expenses  of  rail- 
roads is  charged  to  labor.  Even  allowing  for  this  in- 
crease by  the  present  liberal  management  of  the  Boston  & 
Maine,  it  does  not  yet  compare  favorably  with  the  rate  of 
wages  paid  by  the  Consolidated  road,  and  even  with  the 
increase  that  has  been  of  late  granted  by  that  latter  road, 
they  do  not  equal  the  rate  of  wages  (with  the  exception 
of  the  New  York  Central)  that  is  paid  upon  other  roads 
east  of  Chicago,  and  the  lines  west  do  and  always  have  paid 
higher  wages  than  the  lines  east  of  Chicago. 

Labor  has  been  very  patient  upon  the  railroads  of  the 
East,  still  as  much  of  the  revenues  of  the  railroads  of  the 
state  have  been  devoted  to  improvements  and  the  adoption 
of  safety  appliances,  the  employees  have  been  benefited  in 
other  ways.  The  adoption  of  air  brakes  and  automatic 
couplers  upon  freight  cars  lessened  the  labor  and  removed 
a  large  element  of  danger  from  the  train  men.  The  abo- 
lition of  grade  crossings  removed  just  that  amount  of  strain 
from  the  engineers,  and  the  public  by  being  insured  by  the 
adoption  of  these  safeguards  have  enjoyed  the  benefits  with 
the  employees. 

But  with  the  adoption  of  these  safeguards,  for  the  com- 
fort and  convenience  of  the  public,  the  railroads  have  been 
able  to  run  trains  more  frequently  and  at  a  higher  rate  of . 
speed,    which    tend    to   bring   the    strain    and    responsibil- 


ii6  Railroads  and  the  Public. 

ity  back  upon  the  employees,  practically  to  where  we  started 
from. 

Negotiations  are  now  pending-  between  the  management 
and  representatives  of  the  engineers  of  the  Boston  &  Maine 
system  toward  the  adoption  of  a  permanent  schedule  and 
a  higher  rate  of  wages. 

It  is  to  the  interests  of  all  engineers  that  an  equable  rate 
of  wages  be  paid  by  all  roads  competing. 

It  is  also  the  opinion  of  the  engineers  that  any  laws 
tending  to  reduce  the  revenue  of  the  railroads  will  reflect 
to  the  disadvantage  of  labor.  If  the  revenue  is  reduced, 
the  means  of  applying  new  safeguards  likely  to  come 
in  the  future  will  be  taken  away. 

Wh€n  the  roads  are  making  money  it  is  better  for  us; 
our  shops  are  run  at  full  time,  and  our  engines  are  kept  in 
better  repair.  This  condition  makes  our  labors  that  much 
easier  and  our  responsibilities  much  less.  The  road  bed 
and  cars  are  kept  in  much  better  condition,  and  the  public 
shares  with  the  employees  the  benefits  derived. 

If  labor  is  such  a  large  factor  in  operating  expenses  and 
the  railroads  of  the  state  have,  while  making  the  many  im- 
provements for  the  comfort  and  safety  of  the  public  been 
able  to  have  their  labor  done  at  prices  less  than  those  in 
other  parts  of  the  country,  it  seems,  if  the  time  to  make  con- 
cessions (so  to  speak)  is  favorable,  it  owes  it  to  labor  to 
have  the  first  consideration  in  the  matter.  Therefore,  be- 
fore the  public  is  furnished  the  means  of  reducing  the  rev- 
enue, would  it  not  be  well  to  note  that  labor  holds  the  first 
mortgage  ? 

Now,  while  on  the  question  of  wages,  although  as  has 
been  stated,  they  are  lower  than  are  paid  in  other  parts  of  the 
country,  still  the  greatest  of  friendliness  and  confidence  ex- 
ists between  the  engineers  and  management  of  the  differ- 
ent railroad  systems  of  the  state. 


Railroads  and  the  Public.  117 

There  is,  though,  just  one  question  of  much  importance 
to  yet  be  adjusted;  a  more  reasonable  number  of  hours  for 
a  day's  work. 

The  Committee  of  the  Engineers  upon  the  ConsoHdated 
road  have  recently  returned  from  New  Haven  where  they 
held  a  conference  with  the  officials  of  their  road. 
Among  other  matters  discussed  was  a  clause  in  schedule 
asking  for  a  day  of  ten  hours  in  twelve.  Much  time  was 
devoted  to  this  matter  and  finally  a  compromise  was  effect- 
ed, but  not  as  the  engineers  would  have  desired.  They  were 
informed  by  their  President  that  the  directors  had  voted 
all  the  increase  they  felt  justified  in  granting  at  the  present 
time,  and  the  engineers  accepting  this  situation  showed  a 
disposition  to  be  fair. 

The  labor  bill  relative  to  hours  of  railroad  employees 
now  pending  before  the  Legislature  was  a  temptation,  and 
were  it  to  become  a  law  it  would  complete  or  fulfill  all  they 
ask  for  in  their  schedule.  If,  though,  the  enforcement  of  this 
law  would  require  a  curtailment  of  operating  expenses,  it 
was  decided  to  be  inexpedient  to  force  the  hand  of  the  road 
until  we  felt  the  revenues  and  conditions  might  warrant 
such  a  step. 

The  Brotherhood  of  Locomotive  Engineers  is  on  record 
as  in  remonstrance  against  any  mandatory  legislation  unless 
it  is  shown  by  investigation  that  the  railroads  in  complying 
with  these  conditions  are  not  justified  in  reducing  oper- 
ating expenses  in  such  a  manner  as  to  add  more  labors  or 
responsibilities  to  those  now  carried  by  the  engineers." 


ii8  Railroads  and  the  Public. 


CHAPTER  XI. 

THE  ATTITUDE   OF  THE  BROTHERHOOD  ON  REGULATING 
HOURS   OF   EMPLOYMENT   BY   LAW. 

During  the  past  year,  owing  to  a  re-adjustment  of  wages 
and  hours  of  labor  upon  two  of  the  three  railroad  systems 
of  the  State,  it  is  conceded  by  all  that  the  operating  expenses 
have  been  materially  increased  upon  these  lines. 

These  increases,  as  well  as  many  other  courtesies,  were 
the  results  of  conferences  between  the  management  and 
representatives  of  the  men,  and  it  must  appear  as  bad  faith 
upon  the  part  of  the  engineers,  after  returning  from  meet- 
ings marked  by  the  greatest  friendliness,  to  lend  their  aid 
in  forcing  such  a  law  upon  the  roads. 

The  officials  at  the  present  time  at  the  head  of  the  man- 
agement of  the  railroad  systems  of  the  State,  have  proved 
themselves  to  be  fair  and  honorable  in  dealings  with  their 
employees,  and  have  expressed  a  willingness  to  adjust  fair- 
ly all  grievances. 

It  is  the  opinion  of  the  engineers  that  a  more  satisfactory 
arrangement  for  all  parties  interested  can  be  had  through 
agreements  arrived  at  between  the  management  and  the  em- 
ployees, than  through  enforced  legislation. 

Should  this  pending  bill  become  a  law,  it  must  be  admit- 
ted by  all  it  would  add  materially  to  the  operating  expenses 
of  the  railroads. 

Having  waited  patiently  for  a  long  time,  it  seems  we 
should  be  sufficiently  appreciative  of  benefits  received  from 
present  liberal  management,  not  to  attempt  to  assist  in  en- 


Railroads  and  the  Public.  119 

forcing  upon  them  by  law  a  condition  they,  at  the  present 
time,  do  not  feel  justified  in  g^ranting. 

It  is  the  policy  of  the  managements  of  the  railroads  of 
the  state  to  enhance  the  value  of  the  city  of  Boston  as  a  sea- 
port of  prominence. 

In  the  following  of  this  policy  large  sums  have  been  and 
are  being  spent  in  arranging  for  better  terminal  facilities  and 
water  front.  Considerable  more  business  may  be  reason- 
ably expected  when  these  conditions  are  realized,  and  we 
as  engineers  and  others  of  our  calling  will,  in  the  advantages 
of  increased  business  and  revenues,  share  in  the  results  of 
the  good  management  of  our  officials.  Therefore,  we  feel 
that  everything  possible  should  be  done  upon  our  part  to 
retain  and  strengthen  the  present  harmonious  relations, 
and  we  should  do  everything  in  our  power  to  assist  the 
management  in  the  successful  completion  of  their  plans. 

If  in  any  department  other  than  ours  there  exists  a  need 
of  legislation  or  if  the  conditions  are  such  that  a  satisfactory- 
adjustment  cannot  be  arrived  at  between  the  management 
and  the  employees ;  if  these  conditions  are  such  as  to  be  any- 
thing of  a  menace  to  the  safety  or  well  being  of  either  the 
public  or  the  employees,  an  appeal  to  the  railroad  commis- 
sioners would  be  justifiable  and  within  their  powers  to  in- 
vestigate. Were  there  any  question  as  to  the  power  of  the 
railroad  commissioners,  the  legislature  could  be  petitioned 
to  order  such  an  investio-ation  and  a  report  be  made  to  them. 

We  are  all  prepared  to  admit  that  it  is  the  purpose  of 
government  to  protect  the  weak,  and  in  this  case  or  in  the 
interest  of  public  safety  legislative  enactment  regulating  the 
hours  of  labor  is  justifiable.  It  is  far  from  our  purpose 
to  interfere  in  any  manner,  or  by  any  influence  that  can  be 
used,  to  prevent  legislative  action  that  would  tend  to  bring 
relief  in  either  of  these  two  cases.  There  is  in  our  judg- 
ment but  one  class  of  employees  that  might  come  under  this 


I20  Railroads  and  the  Public. 

head,  and  that  is  the  men  employed  as  crossing  tenders. 
Here  are  men  performing  practically  the  same  duties  as 
sentinels,  and  serving  at  least  several  times  as  many  hours 
without  relief.  We  firmly  believe  some  action  should  be 
taken  in  their  behalf,  but  in  the  majority  of  cases  it  cannot 
be  denied  that  satisfactory  arrangement  of  hours  can  be  at- 
tained through  the  labor  organizations,  supported  by  the  in- 
fluence of  public  opinion. 


Railroads  and  the  Public.  121 


CHAPTER  XTI. 

RATE,  REGULATIONS   AND  GOVERNMENTAL  SUPERVISION 

OF   R-MLROADS. 

Reviewing  personnel  of  oiir  Legislature,  it  must  be  admit- 
ted that  a  large  body  of  men  drawn  from  wide- 
ly separated  districts  and  placed  in  a  position  entire- 
ly foreign  to  any  previous  experiences  are,  assuming  they 
desire  to  do  right,  facing  a  grave  responsibility.  We 
should  stop  to  consider  the  many  different  forms  of  peti- 
tions, touching  upon  almost  every  conceivable  condition, 
some  as  has  been  intimated  brought  forward  for  more  or 
less  honest  purposes,  while  others  are  of  unquestionable 
merit,  and  thought  out  at  great  length  by  their  promoters; 
perhaps  laid  before  the  Legislature  for  acceptance  on  sight. 
Owing  to  the  large  number  of  petitions  annually  presented 
to  that  body,  it  is  a  question  whether  or  not  there  is  a  mem- 
ber who  can  say  he  has  ever  read  many  of  the  measures  he 
has  voted  for.  It  is  often  at  the  sacrifice  of  other  duties, 
interviews  are  granted  to  petitioners  desirous  of  presenting 
their  views,  and  then  many  times  the  legislator  is  in  doubt 
as  to  what  would  be  of  greatest  interest  to  his  constituents. 
It  was  in  appreciation  of  this  situation  that  the  members 
of  the  Brotherhood  of  Locomotive  Enginers  were  respect- 
fully reminded  of  the  fact,  that  the  work  of  their  legislative 
agent  is  entirely  gratuitous,  and  each  member  was  re- 
quested to  interest  himself  to  the  extent  of  informing  the 
Senator  and  Representative  from  his  district,  of  our  posi- 
tion upon  all  matters  before  the  Legislature  in  which  as  an 
organization,  we  have  an  interest.  In  other  words  every 
man  his  own  lobbyist. 

The  wisdom  of  legislative  bodies  regulating  fares  upon 
our  railroads  is  certainly  a  question  warranting  careful  con- 


122  Railroads  and  the  Public. 

sideration.  The  making  of  either  passenger  or  freight 
rates  is  a  complex  proposition  that  should  only  be  attempt- 
ed by  men  of  trained  minds  in  order  to  obtain  satisfactory 
results.  Men  who  have  the  active  management  of  these 
corporations,  or  men  who  can  be  held  responsible  for  dis- 
satisfaction or  failure  possible  to  arise,  are  the  only  persons 
capable  of  fairly  passing  upon  these  questions.  There  are 
certain  principles  embodied  in  railroad  operation,  which  can- 
not be  disturbed  without  seriously  affecting  the  others.  The 
interests  of  all  concerned  in  public  service  corporations  are 
mutual,  and  that  the  best  possible  results  may  be  attained  the 
different  interests  must  work  in  harmony,  each  considerate 
of  the  rights  of  the  others. 

It  is  highly  gratifying  to  turn  back  the  pages  of  history 
and  t!iere  find  theories  consistent  with  these  present  ideas. 

At  Boston,  March  9,  1903,  we  presented  to  members  of 
the  Committee  on  Railroads  of  the  Massachusetts  Legisla- 
ture, a  suggestion  in  reference  to  the  reduction  of  rates,  that, 
at  the  present  time  appears  to  present  the  most  practical 
manner  of  dealing  with  this  vexed  problem. 

In  the  statement  filed  with  the  Committee,  Legislative 
Agent  Miles  said,  "As  representative  of  the  Brotherhood  of 
Locomotive  Engineers  of  this  State  I  have  been  instructed 
to  ask  you  to  consider  the  position  of  our  organization  up- 
on House  Bills  797  and  1048. 

We  have  no  remonstrance  against  any  legislation  requir- 
ing the  expenditure  of  the  revenues  of  the  railroads,  for 
there  are  no  improvements  to  be  made  upon  the  railroads 
that  will  not  reflect  to  our  benefit  by  lessening  our  responsi- 
bilities or  lightening  our  labors.  Granting  this  fact,  we  ask 
vou  to  consider  if  reducing  the  revenues  of  railroads,  as  the 
bills  under  consideration  have  a  tendency  to  do,  will  not  add 
to  our  cares  and  our  labors  by  delaying  the  work  of  such 
public  benefits  as  elimination  of  grade  crossings,  greater  pro- 
tection from  passing  trains,  of  passengers  alighting  from 


Railroads  and  the  Public.  123 

or  desirous  of  taking  trains  at  stations  upon  double  tracks, 
also,  the  delaying  of  performing  the  recommendation  of  the 
Board  of  Railroad  Commissioners,  as  cited  in  report  of 
1901,  viz.:  the  advisability  of  installing  more  interlocking 
switch  and  signal  systems. 

Therefore,  before  passing  favorably  upon  this  petition,  we 
ask  you  to  investigate  the  physical  condition  of  the  rail- 
roads of  Massachusetts,  either  by  a  personal  inspection  or 
through  the  medium  of  the  Railroad  Commissioners,  and 
satisfy  yourselves  as  to  whether  the  railroads  have  attained 
that  ideal  perfection  to  warrant  the  reduction  of  the  rev- 
enues of  the  same. 

We  would  have  no  objection  to  make  were  this  matter  re- 
ferred to  the  Railroad  Commissioners  with  other  petitions 
of  a  like  nature  for  their  decision." 

Our  contention  was,  that  any  compulsory  legislation  by 
any  legislative  body  might  work  a  hardship  upon  our  anso- 
ciates,  inasmuch  as  no  responsibility  could  be  attached  to 
these  bodies  for  the  greater  risks  assumed  or  less  efficient 
service  furnished  by  the  railroads,  on  account  of  being 
obliged  to  carry  on  their  business  at  reduced  profit.  Wh'^.re- 
as,  were  these  rate  fixing  privileges  left  in  the  hands  of  an 
executive  commission,  which  to  a  great  extent  may  be  held 
responsible  for  the  safety  and  convenience  of  the  public, 
greater  discretion  might  reasonably  be  expected  in  the  mak- 
ing of  recommendations  affecting  the  revenues  of  the  roads. 

There  is  no  disputing  the  fact  of  the  existence  of  a  state 
of  personal  equation  to  a  greater  or  less  degree  in  us  all. 
Realizing  this  fact  it  remains  for  us  to  guard  against 
its  consequences.  This  may  be  done  by  a  more  general 
adoption  of  mechanical  safeguards. 

When  the  engineers  are  tried,  either  in  public  opinion  or  by 
the  courts,  for  causing  some  accident  that  might  have  been 
avoided  by  the  adoption  of  these  mechanical  safe-guards, 
we  ask  that  these  Commissioners  be  required  to  carry  their 


124  Railroads  and  the  Public. 

share  of  the  responsibility  for  not  seeing  that  these  safe- 
guards were  provided  before  revenue  was  reduced.  It 
should  always  be  considered,  what  the  reduction  of  income 
means  in  the  operating  of  a  railroad :  First,  improvements 
and  new  work  are  suspended ;  next,  the  curtailment  reaches 
our  repair  and  construction  shops,  where  men  arc  dropped, 
or  employed  at  reduced  time.  The  effect  of  this  is  soon 
noticeable  in  the  inefficiency  of  our  motive  power,  and  the 
poorer  condition  of  our  general  equipment;  therefore  it  ap- 
pears illogical  to  us,  to  insist  upon  the  reduction  of  rates, 
if  such  a  reduction  is  likely  to  cause  unsatisfactory  service, 
or  possibly  endanger  the  safety  of  the  public. 

There  are  three  fundamental  principles  involved  in  the 
operation  of  railroads,  neither  of  which  can  be  disturbed 
without  affecting  the  others.  They  are,  safety,  conven- 
ience and  cost  of  operation. 

No  body  of  men  should  be  entrusted  with  the  power  or 
having  the  power,  should  attempt  to  disturb  either  of  these 
principles,  without  carefully  considering  the  effect  upon  the 
other  two.  The  most  feasible  policy  by  which  the  cost  of 
transportation  may  be  reduced,  is,  through  the  encourage- 
ment of  united  interest,  lower  the  cost  of  operation,  and,  by 
reducing  the  amount  of  fixed  indebtedness,  saving  the  in- 
terest upon  the  same. 

The  study  of  this  subject  is  especially  pertinent  at  the 
present  time,  when  our  national  government  is  contemplat- 
ing a  policy  of  regulating  the  rates  upon  our  railroads.  In 
reference  to  this  question  it  is  beyond  the  power  of  any  one 
man,  or  any  body  ot  men,  to  record  the  attitude  of  our  or- 
ganization, unless  each,  individually,  has  an  opportunity  to 
vote  upon  the  same.  It  is  fair,  though,  to  point  to  the  past 
policies,  from  which,  an  inference  may  be  drawn  as  to  what 
the  future  course  consistently  should  be. 

Rate  regulation  was  considered,  when  the  Brotherhood 
of  Locomotive  Engineers  of  Massachusetts,  adopted  with 


Railroads  and  the  Public.  125 

the  report  of  their  Legislative  Board  of  1902,  the  recom- 
mendation; that  measures  be  taken  toward  securing  a  bet- 
ter representation  before  the  Board  of  Railroad  Commis- 
sioners, at  future  hearings  where  the  interests  of  the  engi- 
neers were  involved. 

As  to  governmental  supervision  of  our  railroads 
I  will  say  that  it  was  the  opinion  of  many  of  our  most 
conservative  engineers  that  could  a  closer  association 
be  had  between  the  inspectors  for  the  Board  of 
Railroad  Commissioners  and  the  locomotive  engi- 
neers, it  would  be  to  our  mutual  advantage.  With  the 
approval  of  these  men  the  following  action  was  taken  to 
bring  about  this  result.  Under  date  of  January  28  a  com- 
munication was  addressed  to  the  Board  of  Railroad  Com- 
missioners asking  if  at  the  present  time  they  held  authority 
to  ride  upon  the  engine  of  any  train  for  the  purpose  of  in- 
spection, and  could  authorize  their  agents  to  do  the  same. 
If  under  the  law  they  could  guarantee  protection  to  any 
employee  against  possible  discrimination  by  the  railroads 
on  account  of  information  furnished  by  said  employee  to 
the  Board  or  any  member  thereof.  If  not  holding  such 
authority,  whether  or  not  they  would  ask  for  same. 

Upon  February  10  the  following  reply  was  received: 

Commonzvealth  of  Massachusetts. 
Board  of  Railroad  Commissioners,  20  Beacon  St.,  Boston. 

Mr.  J.E.  Miles,  Boston,  Mass. 

Dear  Sir: 

In  response  to  your  letter  of  January  28,  to  which  our 
reply  has  been  delayed  in  order  that  we  might  learn  by  in- 
quiry from  our  inspectors  whether  the  companies  had  in 
any  instance  declined  to  recognize  their  obligation.  I  would 
say  that  we  have  authority  to  inspect  the  roadbed,  signal 
system,  methods  of  operation,  rolling  stock,  and  other  prop- 


126  Railroads  and  the  Public. 

erty  upon  all  railroads  within  the  State.  In  the  perform- 
ance of  this  work  we  may  personally  ride  upon  locomotives 
or  make  arrangements  for  an  inspector  to  ride  upon  them. 
There  has  nev^er  been  to  our  knowledge  a  refusal  on  the 
part  of  any  company  to  recognize  this  right. 

I  would  say  that  our  statutes  protect  all  employees  who 
have  occasion  to  furnish  to  the  Board  any  information  re- 
lating to  "a  defect  in  the  ways,  works,  machinery  and  ap- 
pliances of  a  railroad  or  street  railway  company." 

Wo.  have  never  known  an  instance  where  the  name  of 
any  person  conveying  such  information  has  been  disclosed, 
or  where  any  discrimination  on  account  of  such  action  has 
been  practised.  You  will  find  the  law  upon  this  last  sub- 
ject in  Section  i8.  Chapter  iii.  of  the  Revised  Laws.  We 
should  not  hesitate  to  ask  for  additional  legislation  if  any 
were  necessary. 

Very  truly  yours, 
[Signed]  James  F.  Jackson,  Chairman. 

To  ivJiich  was  sent  the  following  reply: 

Boston,  Feb.  ii,  1903. 
Hon.  James  F.  Jackson,  Boston.  Mass., 

Chairman,  Board  of  Railroad  Commissioners: 

Yours  in  reply  to  my  letter  of  January  28  received.  I 
thank  you  for  the  information;  deeply  regretting  that  cir- 
cumstances required  a  delay.  Exceptions  were  taken  to  a 
decision  as  made  by  your  Board  affecting  the  interests  of 
one  of  our  calling.  In  endorsing  the  position  as  taken  by 
Dist.  Attorney  Asa  P.  French  in  treating  this  case,  fur- 
ther mention  was  made  of  your  Board.  If  there  was  any 
assistance  we  could  render  in  obtaining  of  further  power  you 
might  desire,  it  was  our  intention  to  volunteer  our  assist- 


Railroads  and  the  Public.  127 

ance.  I  would  say  we  firmly  believe  there  is  no  place  your 
inspectors  can  get  such  general  knowledge  of  practical  rail- 
roading as  upon  a  locomotive.  If  you  care  to  go  into  this 
matter,  in  behalf  of  the  men  I  represent,  it  would  afford 
me  great  pleasure  to  meet  you.  Hoping  to  assist  in  main- 
taining the  high  standard  the  Board  of  Railroad  Commis- 
sioners have  attained  in  this  State, 

Very  truly  yours. 

[Signed]  J.  E.  Miles. 

In  response  to  which  the  following  invitation  was  received: 
Commonivealth  of  MassacJiusctts. 

Board  of  Railroad  Commissioners,  20  Beacon  St.,  Boston. 

February  13.  1903. 
John  E.  Miles^  Esq.,  Plymouth,  Mass. 
Dear  Sir: 

In  replying  to  your  letter  of  February,  I  would  say 
that  the  Board  would  be  very  glad  to  have  a  talk  with  you, 
and  would  suggest  that  if  you  are  in  Boston  we  could  see 
you  at  any  time  next  Monday  between  10.30  a.  m.  and  5 
p.  m.,  or  that  if  some  other  day  would  be  more  convenient, 
the  afternoon  of  any  day  excepting  Friday  or  Saturday 
would  afford  a  convenient  time  so  far  as  we  are  concerned. 

Very  truly  yours, 
[Signed]  James  F.  Jackson,  Chairman. 

The  invitation  was  accepted,  and  at  the  conference  a 
general  discussion  of  what  was  desired  by  us  in  shape  of 
"closer  association  with  inspectors"  was  taken  up  at  some 
length.  The  matter  was  taken  under  consideration  by  the 
Board,  and  I  was  invited  to  "drop  in  at  any  time." 

March  24,  upon  receipt  of  request  of  Chairman  of  Legis- 
lative Board,  through  the  Secretary,  that  I  prepare  a  re- 


128  Railroads  and  the  Public. 

port  of  matters  entrusted  to  me  and  present  to  meeting  of 
said  Board,  April  12,  I  sent  the  following  petition  to  Board 
of  Railroad  Commissioners: 

Boston,  Mass,  March  24,  1903. 

Hon.  James  F.  Jackson,  Chairman, 
Board  of  Railroad  Commissioners, 
Boston,  Mass. 

Dear  Sir: 

I  respectfully  submit  to  you  the  following  petition : 
That  you  instruct  your  inspectors  to  more  closely  asscH 

ciate  with  locomotive    engineers,    ride   upon   our    engines, 

noting  the  manner  in  which  we  perform  our  duties  and  the 

conditions  surrounding  the  same.  Amongst  many  reasons 
for  this  request,  I  present  the  following: 

First,  the  fact  that  the  "machinery"  directly  under  our 
care  is  likely  to  be  the  subject  of  official  inspection  at  all 
times,  would,  in  itself,  be  an  incentive  to  any  who  might 
be  inclined  to  be  lax  in  the  performance  of  their  duties  to 
pay  closer  attention  to  the  same. 

Should  it  be  the  case  that  proper  attention  was  not  paid 
to  keeping  our  engines  in  good  repair,  that  they  might 
properly  perform  the  work  assigned  to  them,  the  official 
directly  responsible  for  this  duty,  as  in  the  case  of  the  en- 
gineer, feeling  his  "works"  were  subject  to  constant  in- 
spection, to  protect  himself,  the  closest  attention  would 
likely  follow  reports  made  to  him  b}'  engineers. 

There  is  no  place  that  affords  better  opportunity  to  intelli- 
gently inspect  the  "ways"  of  a  railroad  than  the  cab  of  a 
locomotive. 

Asking  that  you  give  this  petition  due  consideration  and 
grant  me  a  hearing  upon  the  same,  I  remain, 

Very  truly  yours. 

[Signed]  John  E.  Miles. 


Railroads  and  the  Public.  129 

The  follozving  reply  was  received  to  the  petition: 
Commonzvealth  of  Massachusetts. 
Board  of  Railroad  Commissioners,  20  Beacon  St.,  Boston. 

March  25,  1903. 
Mr.  T.  E.  Miles, 

P.  O.  Box  253,  Plymouth,  Mass. 
Dear  Sir: 
Your  communcation  under  date  of  March  24,  1903,  mak- 
ing certain  suggestions  as  to  inspection  of  railroad  and 
equipment  by  the  inspectors  of  this  Board  was  duly  re- 
ceived. You  may  be  sure  that  we  deem  the  suggestion  made 
well  worthy  of  consideration,  and  we  will  take  the  matter 
up  with  you  on  Tuesday  next  at  2.30  p.  m. 

Very  truly  yours, 
[Signed]  James  F.  Jackson,  Chairman. 

Upon  March  30  I  met  the  Board ;  the  following  statement 
was  submitted  as  the  ground  upon  which  the  request  was 
made  and  reasons  for  the  same : 

Boston,  Mass.,  March  30,  1903. 

Board  of  Railroad  Commissioners, 

Boston,  Mass. 
Gentlemen  : 

Realizing  the  importance  attached  to  the  decision  of  the 
Board  of  Railroad  Commissioners,  and  also  the  influence 
such  decisions  bear  upon  public  opinion,  the  Legislative 
Board  of  the  Brotherhood  of  Locomotive  Engineers,  in 
their  last  report,  recommended  that  a  better  representation 
be  had  on  or  before  the  Board  of  Railroad  Commissioners 
on  matters  in  which  our  interests  were  involved.  A  copy 
of  this  recommendation  was  furnished  to  each  member  of 
our  organization,   which  represents  more  than  eighty-five 


130  Railroads  and  the  Public. 

(85)  per  cent,  of  the  locomotive  engineers  of  the  State. 
This  recommendation  was  ckily  considered  and  adopted.  As 
registered  agent  of  the  Brotherhood  of  Locomotive  En- 
gineers of  Massachusetts,  I  forwarded  to  your  Board  a 
petition  for  this  hearing,  to  ask  that  your  inspectors  be 
instructed  to  associate  more  closely  with  locomotive  en- 
gineers, ride  upon  our  engines,  noting  the  manner  in  which 
we  perform  our  duties,  and  the  conditions  surrounding  the 
same.  We  court  the  fullest  investigation  mto  our  affairs, 
and  believe  there  is  no  class  of  railroad  employees  brought 
in  such  close  touch  with  ;  U  departments  of  practical  rail- 
roading as  the  locomotive  engineers.  Our  superintendents, 
road  masters  and  signal  repair  men,  realizing  this  fact,  in 
order  to  obtain  the  best  knowledge  possible  pertaining  to  their 
duties,  avail  themselves  of  the  privileges  of  our  engines 
The  Motive  Power  Department  in  order  to  obtain  special 
knowledge  of  the  working  of  our  engines,  have  men  par- 
ticularly assigned  to  the  duty  of  riding  with  the  engineers. 
If  these  men,  so  closely  identified  with  the  operative  de- 
partments of  the  railroads,  find  it  to  their  advantage  to  so 
closely  associate  with  us  in  our  duties,  it  seems  fair  to 
assume  that  your  inspectors,  trained  experts  in  practical 
railroading,  would  find  it  equally  to  their  advantage  to  fol- 
low in  the  same  line.  Your  inspectors  will  be  in  a  position 
to  show  you,  and  through  you  to  the  public,  a  fact  that  all 
engineers  already  know,  that  the  railroads  have  not  yet 
reached  that  degree  of  perfection  to  warrant  you  to  yield 
to  the  ever  popular  clamor  relative  to  the  reduction  of  fares, 
when  such  reduction  would  have  the  tendency  to  reduce 
the  railroads'  incomes. 

It  is  hard  to  conceive  of  an  accident  happening  on  the 
railroad  that  will  not  involve  an  engineer.  Your  Board, 
in  all  cases  of  importance,  exercises  its  jurisdiction  and  in- 
vestigates, fixing  the  responsibility  of  the  accident  to  the 
best  of  its  knowledge.     With  your  inspectors  closely  trained 


Railroads  and  the  Public.  131 

to  our  duties,  we  will  feel  we  "have  a  better  representation 
before  the    Board    of    Railroad    Commissioners    at    future 
hearings,  in  which  the  interest  of  the  engineers  is  involved." 
Respectfully  submitted, 

[Signed]  John  E.  Miles. 

Plymouth,   Mass. 

At  close  of  hearing  I  was  informed  the  Board  would  take 
the  matter  under  consideration  and  furnish  me  later  with 
their  decision  in  reference   to  the  same. 

Upon  April  8  the  following  was  received: 

*' C ommonwealth  of  Massachusetts. 

Board  of  Railroad  Commissioners,  20  Beacon  St.,  Boston. 

April  8,   1903. 
Mr.  J.  E.  Miles,  Plymouth,  Mass. 
Dear  Sir; 

We  shall  be,  as  we  have  always  been,  glad  to  receive 
at  any  time  suggestions  as  to  the  condition  of  any  iwrt  of 
a  railroad  property  within  the  Commonwealth,  whether 
roadbed,  station,  signal  system,  cars,  or  locomotives,  as  well 
as  information  respecting  rules,  'methods,  and  customs  in 
operating  or  in  using  the  property.  Our  right  to  inspect  in 
person  or  otherwise  the  rolling  stock  of  railroad  companies, 
either  while  stationary  or  in  use,  at  such  times  as  Ihe  Board 

may  desire,  is  fully  recognized  by  the  companies,  and  our 
inspectors  will  make  free  use  of  this  right  under  our  in- 
struction. 

Very  truly  yours, 

[Signed]     James  F.  Jackson,  Chairman." 

"In  writing  the  report  I  stated :  "This  ends  the  ne- 
gotiations with  the  Board  of  Railroad  Commis- 
sioners,    and     I     desire     to  here     express     my     apprecia- 


132  Railroads  and  the  Public. 

tion  of  the  courtesy  and  consideration  ever  extended  by  the 
same.  With  no  desire  to  criticize  past  methods  of  the 
Board  of  Railroad  Commissioners  (a  commission  the  de- 
cisions of  which  have  been  many  times  in  years  past  quoted 
in  all  parts  of  this  country),  but  in  support  of  our  conten- 
tion that  it  is  to  our  mutual  benefit  and  the  public  g^ood  that 
a  more  intimate  knowledge  of  our  duties,  and  the  condi- 
tions surrounding  the  same,  be  had  by  the  Board,  I  desire 
to  submit  the  following  as  part  of  House  Number  1251, 
which  is  the  report  of  the  Board  of  Railroad  Commissioners 
on  investigation  made  under  the  order  of  the  House,  dated 
January  22,   1903." 

" C ommonzvealth  of  Massachusetts. 

In  Board  of  Railroad  Commissioners,  March  26,  1903. 

The  Board  respectfully  submits  its  '-cport  of  examina- 
tion into  the  passenger  service  upon  the  Boston  &  Albany 
Railroad  under  tJie  order  of  the  House  of  Representatives, 
dated  January  22,  1903.  When,  in  July,  1900,  the  New 
York  Central  &  Hjudson  River  Railroad  Co.  assumed  con- 
trol of  the  Boston  &  Albany  Railroad,  it  took  charge  of 
a  property  which  had  been  in  many  respects  a  source  of 
just  pride  to  stockholders  and  to  the  (Commonwealth.  A 
new  management  with  new  methods  will  always  meet  in  an 
atmosphere  of  association  with  and  friendship  for  the  old 
administration  a  criticism  which  is  apt  to  exaggerate  real 
grievances  and  give  to  groundless  complaint  an  appearance 
of  reality.  Making  due  allowance  for  this,  through  letters 
and  in  personal  interviews,  as  well  as  from  records  fur- 
nished by  the  'company,  that  an  increasing  failure  to  make 
schedule  time,  beginning  soon  after  the  term  of  the  lease, 
has  culminated  during  the  winter  in  a  otate  of  affairs  ap- 
proaching at  times  complete  demoralization  in  the  passen- 
ger service,"  etc.,  etc.,  etc. 


Railroads  and  the  Public.  n^l 


Have  not  the  Railroad  Commissioners  in  this  report 
passed  judg-ment  upon  themselves?  Could  anything  more 
self-condemnatory  be  written?  "When,  in  July,  1900,  the 
New  York  Central  &  Hudson  River  Railroad  Co.  assumed 
control  of  the  Boston  &  Albany  Railroad,  it  took  charge 
of  a  pioperty  which  had  been  in  many  respects  a  source  of 
just  pride  to  the  stockholders  and  to  the  Commonwealth." 
And  in  less  than  three  years  the  Board  of  Railroad  Com- 
missioners confesses  the  fact  that  this  railroad,  which  less 
than  three  years  ago  ''was  a  source  of  just  pride,"  has 
slipped  away  from  their  watchfulness,  has  culminated  dur- 
ing the  winter  in  a  state  of  affairs  approaching  at  times 
complete  demoralization  in  the  passenger  service,  and  the 
fact  was  only  discovered  by  an  investigation  brought  about 
by  an  order  of  the  House  of  Representatives.  Inasmuch  as 
in  their  report  no  mention  has  been  made  of  information 
furnished  by  their  inspectors,  it  is  possible  that  engineers 
have  a  wrong  impression  of  what  the  duties  of  inspectors 
are  supposed  to  be.  While  in  the  decision  given  to  our 
petition  for  closer  association  between  the  inspectors  and 
the  locomotive  engineers,  the  Board  does  not  specifically 
state  they  will  grant  the  same,  still,  as  the  Commissioners 
close  their  report  to  the  House  of  Representatives,  so  I 
think  I  can  close  this;  namely,  that  as  I  believe  that  the 
Board  appreciates  this  need  and  will  comply  with  the  recom- 
mendation of  the  Brotherhood  of  Locomotive  Engineers, 
there  would  seem  to  be  no  call  for  further  action  upon 
this  recommendation  by  us. 

In  concluding  this  report  I  would  respectfully  submit 
the  following  recommendations: 

First,  that  we  co-operate  with  the  Railroad  Commission- 
ers and  assist  them  in  establishing  for  Massachusetts  the 
criterion  railroads  of  the  country  and  making  her  engineers 
exemplary  in  their  line. 


134  Railroads  and  the  Public. 

Second,  that  we  adhere  to  the  principles  of  our  order,  re- 
fraining from  endorsing  as  an  organization  principles  not 
directly  affecting  our  interests;  firmly  believing  that  upon 
genera]  principles  we  can  obtain  better  satisfaction  through 
agreements  with  our  officials  than  could  be  obtained  from 
enforced  legislation. 

Third,  that  we  endeavor  to  show  the  public  and  their 
lawmakers  that  it  is  a  questionable  policy  to  demand  cheap 
fares  upon  railroads  when  such  a  policy  may  entail  loss 
of  life  or  unfair  treatment  of  railroad  employees  as  com- 
pared with  other  trades  or  professions.  It  is  almost  an 
assured  fact  that  present  rates  of  dividends  to  shareholders 
will  be  maintained  until  all  other  means  of  "trimming" 
have  failed. 

Fourth,  that  we  support  a  revision  of  the  Employers  Li- 
ability Act.  Not  only  for  benefits  to  be  derived  from  acci- 
dents liable  to  happen,  but  also  from  the  principle  as  cited 
by  President  Roosevelt  that  will  tend  to  make  corporations 
guard  more  closely  against  accidents  to  employees,  realiz- 
ing said  corporations  are  to  be  held  responsible  for  dam- 
ages for  the  same." 

With  the  acceptance  of  this  report  and  the  recommenda- 
tion contained  therein  it  can  fairly  be  said  the  Brotherhood 
of  Locomotive  Engineers  of  Massachusetts  have  unquali- 
fiedly recorded  themselves  as  in  favor  of  governmental 
supervision  of  our  railroads  in  all  its  departments,  and  in 
all  things  pertaining  to  the  same.  It  cannot  be  other- 
wise. 

While  loyal  and  faithful  to  the  interests  by  which  we  are 
employed  we  should  ever  keep  in  mind  our  obligations  to 
the  Commonw^ealth.  Exemplified  in  our  railroad  corpora- 
tions more  clearly  than  in  any  other  industry  that  may  be 
mentioned  are  the  principles  of  a  commercial  triune. 

In  the  corporations,  as  the  term  is  applied,  is  supposed  to 
be  represented  the  great  lx)dy  of  stockholders  who  may  just- 
ly claim  fair  returns  upon  the  capital  invested.       This  fact 


Railroads  and  the  Public.  i^'-, 

is  apparently  ignored  by  many  who  speak  of  and  act  toward 
our  corporations  as  receiving  revenue  as  flowers  receive  the 
dew.  This  class  is  found  amongst  the  ever  mcreasing 
number  of  men  who  seek  employment  in  the  railroad  ser- 
vice as  a  means  of  obtaining  an  easy  living.  They  are  se- 
renely indifferent  to  the  rights  of  others  if  their  own  selfish 
ends  are  attained. 

Upon  the  other  side  of  the  shield  are  the  representatives 
of  the  corporations  who,  to  accomplish  their  purposes,  exact 
the  "pound  of  flesh."  unmindful  of  the  many  more  deserv- 
ing people  who  are  made  to  suffer. 

The  railroad  corporations,  assisted  into  being  by  the  peo- 
ple took  the  form  of  the  genius.  Cephalopoda.  From  the 
brain  cell  it  sent  out  tentacles  and  by  virtue  of  superior 
strength,  its  often  unw'illing  victim  was  drawn  within  its 
capacious  maw. 

Little  by  little  the  railroad  corporations  of  New  England 
took  from  the  people  their  highways  and  byways  of  com- 
merce. From  the  fountainhead,  the  rich  booties  it  receiv- 
ed were  distributed  into  such  channels  as  best  suited  the 
purposes. 

While  this  change  was  taking  place  in  New  England  sim- 
ilar transformations  were  being  effected  in  other  parts  of 
the  country,  and  gradually  the  arms  from  the  seat  of  action 
in  New  York  came  in  conflict  with  branches  radiating  from 
Boston.  The  inevitable  result  soon  followed,  and  from  the 
rich  plunder  secured  in  the  conflicts  not  so  much  as  even 
the  name  of  Boston  remains.  Our  officers  whom  we  re- 
spected with  almost  a  reverence,  w^ere  robbed  of  their  pow- 
er, or  one  by  one  laid  aside.  Today,  where  once  was  the 
throne,  not  a  man  can  be  found,  that  upon  any  matter 
other  than  routine,  dares  to  say  yes  or  no. 

Not  content  wnth  controlling  the  channels  of  transporta- 
tion the  railroad  interests  branched  out  to  acquire  or  govern 
the  field  of  production  itself.       The  mines,  the  oil  fields, 


13"^^  Railroads  and  the  Public. 

the  cattle  ranges  and  packing  houses,  as  well  as  the  wheat 
fields  of  the  West,  were  made  dependent  upon  their  good 
will. 

And  so  the  railroads  have  increased  in  wealth  and  power 
until  as  they  stand  today  they  threaten  to  control  the  gov- 
ernment itself.  By  the  free  use  of  the  means  at  hand  the 
corporations  not  only  influence  the  selection  of  the  execu- 
tive officers  of  our  government,  hut  threaten  to  control  the 
election  of  members  to  our  legislative  bodies  as  well.  The 
impending  danger  from  centralization  of  the  combined  rail- 
road interests  has  long  since  been  known  to  students  of  po- 
litical economy.  It  is  a  most  serious  state  of  affairs,  but 
at  all  times  of  threatened  disaster  there  has  ever  been  some 
man  arise  equal  to  the  occasion.  In  his  annual  message  to 
Congress.  President  Roosevelt  recommended  in  the  follow- 
ing langugae  the  enactment  of  proper  legislation  to  enable 
the  Interstate  Commerce  Commission  to  regulate  the  mo- 
nopolies governing  our  transportation. 

"I  am  well  aware  of  the  difficulties  of  the  legislation  that 
I  am  suggesting,  and  of  the  need  of  temperate  and  cautious 
action  in  securing  it.  I  should  emphatically  protest 
against   improperly   radical   or  hasty   action.  The   first 

thing  to  do  is  to  deal  with  the  great  corporations  engaged 
in  the  business  of  interstate  transporation.  As  I  said  in 
my  Message  of  December  6  last,  the  immediate  and  most 
pressing  need,  so  far  as  legislation  is  concerned,  is  the  en- 
actment into  law  of  some  scheme  to  secure  to  the  agents  of 
the  Government  such  supervision  and  regulation  of  the 
rates  charged  by  the  railroads  of  the  country  engaged  in  in- 
terstate traffic  as  shall  summarily  and  effectively  prevent 
the  imposition  of  unjust  or  unreasonable  rates.  It  must 
include  putting  a  complete  stop  to  rebates  in  every  shape 
and  form.  This  power  to  regulate  rates,  like  all  similar 
powers  over  the  business  world,  should  be  exercised  with 
modification,  caution  and  self-restraint;  but  it  should  exist, 


Railroads  and  the  Public.  137 

so  that  it  can  be  effectively  exercised  when  the  need  rises." 

Emboldened  by  their  success  in  the  past  and  fortified  by 
well-nigh  unlimited  resources,  the  railroads  of  the  country 
combined  and  threw  down  the  gauntlet,  boldly  asserting 
the  people  have  no  rights  the  railroads  are  bound  to  respect. 
By  mispresentation  these  corporations  seek  to  enlist  the  aid 
of  their  employees  to  prevent  the  people  from  securing  re- 
lief from  conditions  which  are  fast  becoming  intolerable. 
At  such  times  they  would  have  us  forget  what  their  atti- 
tude is  in  all  instances  except  wherein  the  people  by  their 
laws  have  compelled  them  to  be  fair  or  the  force  and  united 
strength  of  our  organizations  have  forced  recognition  of 
our  claims.  These  corporations  by  appealing  to  the  sel- 
fishness and  prejudices  of  our  human  nature  would  divide 
from  the  great  body  politic  their  employees.  This  is  a 
most  dangerous  and  short-sighted  policy ;  for  right  will  pre- 
vail in  the  end. 

These  railroad  managers  who  are  crying  so  loudly 
against  this  modest  recommendation  of  President  Roose- 
velt which  has  been  supported  by  the  general  public  to  an 
unheard-of  exent,  plainly  proclaim  there  are  some  things 
below  the  surface. 

In  the  action  of  the  railroads,  influencing  the  employees 
to  threaten  members  of  Congress,  is  clearly  demonstrated 
the  necessity  of  better  education  for  railroad  men  in  the 
true  principles  of  citizenship.  This  having  been  accom- 
plished little  difficulty  would  remain  in  reducing  the  pres- 
ent cost  of  railroad  operation  to  an  appreciable  extent ;  pro- 
vided the  employees  could  be  shown  the  results  of  the  in- 
terest taken  by  them  would  accrue  to  the  benefit  of  the 
public. 

To  swing  railroad  employees  from  the  rut  into  which  they 
have  fallen,  can  only  be  done  by  education  and  more  effi- 
cient governmental  supervision.  Much  can  be  done  by 
moral  influence  and  interest  in  the  social  life  of  all  railroad 


138  Railroads  and  I  he  Public. 

employees.       The  New  England  Civic  Federation  is  per- 
CLiliarly  well  situated  to  organize  such  a  movement. 

As  to  what  the  attitude  of  the  government  toward  rail- 
road employees  is,  at  such  times  as  the  railroads  are  oper- 
ated by  the  government,  it  might  be  well  to  reflect  upon 
United  States  Public  Laws  1898,  Chapter  370. 

Section  9.  "Whenever  receivers  appointed  by  Federal 
courts  are  in  the  possession  and  control  of  railroads,  the 
employees  upon  such  railroads  shall  have  the  right  to  be 
heard  in  such  courts  upon  all  questions  affecting  the  terms 
and  conditions  of  their  employment,  through  the  officers 
and  representatives  of  their  associations,  whether  incorp- 
orated or  unincorporated,  and  no  reduction  of  wages  shall 
be  made  by  such  receivers  without  the  authority  of  the 
court  therefor  upon  notice  to  such  employees,  said  notice 
to  be  not  less  than  twenty  days  before  the  hearing  upon 
the  receivers'  petition  or  application,  and  to  be  posted  upon 
all  customary  bulletin  boards  along  or  upon  the  railway 
operated  by  such  receiver  or  receivers. 

Section  10.  Any  employer  subject  to  the  provisions  of 
this  Act,  and  any  officer,  agent,  or  receiver  of  such  em- 
ployer who  shall  require  any  employee,  or  any  person  seek- 
ing employment,  as  a  condition  of  such  employment,  to 
enter  into  an  agreement,  either  written  or  verbal,  not  to 
become  or  remain  a  member  of  any  labor  corporation,  asso- 
ciation, or  organization;  or  shall  threaten  any  employee 
with  loss  of  employment,  or  shall  unjustly  discriminate 
against  any  employee  because  of  his  membership  in  such 
a  labor  corporation,  association,  or  organization;  or  who 
shall  require  any  employee  or  any  person  seeking  employ- 
ment, as  a  condition  of  such  employment,  to  enter  into  a 
contract  whereby  such  employee  or  applicant  for  employ- 
ment shall  agree  to  contribute  to  any  fund  for  charitable, 
social,  or  beneficial  purposes;  to  release  such  employer  from 
legal   liability   for  any  personal   injury   by   reason  of  any 


Railroads  and  the  Public.  139 

benefit  received  from  such  fund  beyond  the  proportion  of 
the  benefit  arising  from  the  employer's  contribution  to  such 
fund;  or  who  shall,  after  having  discharged  an  employee, 
attempt  or  conspire  to  prevent  such  employee  from  obtain- 
ing employment,  or  who  shall,  after  the  quitting  of  an 
employee,  attempt  or  conspire  to  prevent  such  employee 
from  obtaining  employment,  is  hereby  declared  to  be  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof  in  any 
court  of  the  United  States  of  competent  jurisdiction  in  the 
district  in  which  such  offense  was  committed,  shall  be 
punished  for  each  offense  by  a  fine  of  not  less  than  one 
hundred  dollars  and  not  more  than  one  thousand  dollars." 


I40  Railroads  and  the  Public. 


CI-]  AFTER  XIII. 


ARBITRATION. 


In  the  summer  of  1903  the  engineers  of  one  of  our  rail- 
road systems  presented  a  new  schedule  to  their  officials, 
calling  for  a  readjustment  of  wages  and  the  changing  of 
certain  conditions  in  connection  with  their  work.  The  pe- 
tition of  the  engineers  was  met  by  a  counter  proposition 
from  the  officials,,  and  the  usual  debates,  adjournments  and 
interviews  took  place.  The  strike  of  the  miners  has  for  all 
time  demonstrated  the  fact  that  when  the  welfare  of  the 
public  is  jeopardized  by  disputes  affecting  the  distribution 
of  public  utilities  the  rights  and  interests  of  the  third  in- 
terested party  are  not  to  be  ignored. 

The  anthracite  strike  proved  the  futility  of  either  party 
to  a  dispute  affecting  the  public,  refusing  any  fair  offer  of 
adjustment.  Generally  speaking,  the  difficulty  lies  in  the 
selection  of  a  tribunal  satisfactory  to  all  parties  before 
whom  labor  disputes  may  be  tried. 

While  at  times  many  heated  controversies  took  place 
between  the  officials  and  the  engineers  seeking  a  new 
schedule,  through  it  all  reason  and  good  judgment  pre- 
vailed. Failing  to  agree,  offer  was  made  by  the  officials  to 
submit  the  matter  to  the  Railroad  Commissioners  for  their 
decision.  Such  a  proposition  would  not  be  entertained  by 
the  engineers.  Later  a  satisfactory  agreement  was  arrived 
at  by  the  officials  and  the  engineers  without  assistance  from 
others. 

Assuming  that  this  settlement  had  failed  and  a  strike 
was  threatened.  The  most  essential  factor  necessary  for 
success  in  case  of  an  issue,  would  be  favorable  public 
opinion;  and  with  this  offer  upon  the  part  of  the  officials 


Railroads  and  the  Public.  141 

to  be  taken  into  consideration,  with  the  best  kind  of  a  case, 
the  support  of  the  pubhc,  to  say  the  least,  would  be  doubt- 
ful. This  action  upon  the  part  of  the  railroad  officials 
put  a  few  railroad  employees,  that  look  a  little  into  the 
future,  thinking  what  might  be  done  to  checkmate  a  play 
of  that  kind,  or  bring  about  a  condition  of  affairs  that  such 
an  offer  could,  in  justice  to  ourselves,  be  accepted  by  us. 
This  could  never  be  until  it  was  felt  that  the  influences 
of  the  corporations  were  eliminated  from  the  Board  of 
Railroad  Commissioners.  We  conceived  a  policy,  that  was 
strengthened  by  consultation  with  many  of  the  best  rail- 
road men  in  the  state,  and  two  days  before  the  5th  of  Oc- 
tober, 1903,  I  received  a  request  to  appear,  as  the  repre- 
sentative of  the  Brotherhood  of  Locomotive  Engineers,  be- 
fore the  Commission  on  Relations  Between  Employer  and 
Employee,  in  reference  to  matters  affecting  the  interests  of 
the  Brotherhood  of  Locomotive  Engineers.  No  decisive 
action  had  been  taken  by  this  organization  in  reference  to 
the  questions  under  consideration  of  the  Commission,  there- 
fore conclusions  had  to  be  drawn  from  personal  interviews 
with  the  individual  members  of  the  order,  and  to  avoid  any 
possibility  of  misrepresenting  the  ideas  of  my  associates, 
later  I  again  went  before  the  Commissioners  and  stated : 
"We  have  amongst  our  membership  men  whose 
homes  are  120  miles  from  the  meeting  place  of 
their  order,  there  are  other  men  that,  owing  to  circum- 
stances, have  no  opportunity  of  hearing  the  report  of  their 
representative  at  the  State  House.  It  is  the  custom  to  have 
this  report  printed  and  presented  to  these  men.  Owing 
to  the  fact  that  the  stenographer  was  unable  to  furnish  this 
report  at  an  earlier  date,  I  could  not  attend  to  this,  but  will 
be  able  to  do  so  in  three  or  four  days,  and,  if  any  excep- 
tion is  taken  to  the  same,  I  desire  the  privilege  of  present- 
ing this  exception  to  your  Commission." 


142  Railroads  and  the  Public. 

"The  Chairman. — A  quorum  of  the  Committee  being 
present,  we  will  go  on  with  the  hearing.  Our  subject  to- 
day is:  Injunctions,  Conduct  of  Strikes,  and  this  subject 
includes  Picketing,  Boycotting,  Balcklisting,  Violence  and 
Intimidation,  and  the  Committee  has  before  it  quite  a  num- 
ber of  bills. 

(Chairman  reads  list  of  bills  referred  to  the  Committee.) 

Mr.  Miles  has  a  request  to  be  heard  this  morning,  and 
we  will  hear  him  now. 

Mr.  Miles. — The  purpose  sought  by  the  Locomotive  En- 
gineers, more  than  directly  bearing  upon  the  conduct  of 
strikes,  is  possibly  to  avoid  and  do  away  with  strikes.  We 
fear  strikes.  At  the  present  time,  established  by  the  law 
of  this  state,  is  the  Board  of  Railroad  Commissioners,  ap- 
pointed by  the  Governor,  the  term  of  office  three  years 
apiece.  You  all  know  this  board  comprises  a  lawyer,  a 
business  man  and  a  practical  railroad  man.  We  would  de- 
sire that  the  term  of  office  of  this  Board  should  be  as  for 
every  other  railroad  employment — they  should  hold  office 
only  removable  for  cause.  The  Board  has  a  right  to  ap- 
point an  inspector  for  each  one  thousand  miles  of  railroad. 
We  would  desire  to  have  that  law  changed  and  place  the  ap- 
pointment of  the  railroad  inspectors  of  the  Board  of  Rail- 
road Commissioners  under  the  Civil  Service  Commission; 
to  be  recommended  by  it,  eligible  men  that  could  be  selected 
for  this  office.  The  salary  at  the  present  time  is  such  as 
would  warrant  almost  any  railroad  employee  in  practical 
railroad  service  to  have  an  ambition  to  hold  that  office.  It 
would  remove  all  political,  all  personal  preference  or  influ- 
ence being  brought  to  bear  as  to  why  one  man  should  be 
selected  above  another,  that  might  have  greater  abilities  to 
fill  this  office.  As  to  the  appointment  of  the  practical  rail- 
road man  on  the  Board  of  Railroad  Commissioners:  having 
already  secured  the  best  material  for  our  inspectors  of  the 
Board  of  Railroad  Commissiners,  and  the  length  of  service 


Railroads  and  the  Public.  143 

and  practical  experience  while  on  that  Board  acting  as  in- 
spectors, we  believe  that  an  inspector  would  be  a  most  fitting 
member  to  represent  the  practical  man  on  the  Board  of  Rail- 
road Commissioners,  and  that  the  Governor  should  select 
from  the  railroad  inspectors  his  future  railroad  member  of 
the  Railroad  Commission. 

I  believe  that  injunctions  and  strikes,  matters  that 
could  not  be  friendly  and  peaceably  settled  between  em- 
ployer and  employee,  between  the  railroad  manage- 
ment and  the  employee  of  the  railroad,  could  be  and 
should  be,  and  certainly  fairly  might  be,  referred  to  the 
Board  of  Railroad  Commissioners,  as  representing  the  pub- 
lic, as  representing  the  railroad,  the  interest  of  them,  and 
representing  the  employees. 

*  *  '^'  *  *  There  is  a  fair  tribunal  that  should  pass  honestly 
and  fairly  with  the  means  at  hand.  Inasmuch  as  they  could 
only  be  removed  for  cause,  they  would  be  independent  of 
any  outside  influence.  It  appears  to  us  that  that  is  a  tri- 
bunal which  we  are  perfectly  willing  to  leave  our  case  in  the 
hands  of. 

*****  I  would  say  that  we  desire  this  Commission  to 
make  some  such  recommendation  that  would  compel  the 
Board  of  Railroad  Commissioners  to  act  as  a  Court  of  Arbi- 
tration, if  requested  to  do  so.  What  I  mean  is  this :  that 
you  recommend  that  the  powers  of  the  Board  of  Railroad 
Commissioners  be  extended  to  this  scope,  and  public  senti- 
ment will  make  arbitration  compulsory  with  such  a  tribunal 
to  pass  upon  the  merits  of  differences  arising  between  the 
railroads  and  their  employees." 

In  writing  upon  this  subject  the  Labor  Commission  said: 
"We  believe  that  such  an  agreement  might  be  of  great  ben- 
efit; but  as  the  willingness  for  general  arbitration  upon  the 
part  of  the  employees  is  coupled  with  certain  conditions  as 
to  the  appointment  of  the  Board  of  Railroad  Commissioners, 
upon  which  we  do  not  feel  that  it  is  within  our  province  to 


144  Railroads  and  the  Public. 

express  an  opinion,  we  cannot  do  more  than  call  the  atten- 
tion of  the  Legislature  to  the  proposal  that  we  have  men- 
tioned." 

In  appendix  No.  5  of  the  report  of  the  Commission  is 
written:  "On  Jan.  11,  1904,  this  committee  received  offi- 
cial notice  that  the  legislative  board  of  the  Brotherhood  of 
Locomotive  Engineers  had  voted  not  to  endorse  the  proposi- 
tion of  Mr.  Miles." 

That  the  Commission  thought  the  proposal  worthy  of 
consideration,  however  slight,  would  in  itself  have  been  en- 
couraging: but  that  it  was  considered  of  sufficient  merit  to 
call  the  attention  of  the  Legislature  to  it,  was  highly  grati- 
fying, and  the  fact  that  this  action  upon  the  part  of  the 
Commission  was  taken  in  the  face  of  the  expressed  refusal 
of  my  associates  to  endorse  my  proposition,  indicates  to  me 
after  considering  the  personnel  of  this  Commission,  that  the 
proposition  was  not  understood  by  the  engineers. 

After  this  bald  assertion  upon  my  part,  it  may  be  appro- 
priate for  me  to  state  who  composed  this  committee,  and 
the  purpose  of  the  appointment  of  such  a  committee. 

yVnnually,  practically  the  same  petitions,  bills,  and  re- 
solves bearing  upon  the  relations  between  employer  and  em- 
ployee have  been  presented  to  the  Legislature,  to  be  given 
"leave  to  withdraw." 

To  thresh  out  these  matters  and  save  the  time  of  legisla- 
lative  committees  as  well  as  in  the  hopes,  recommendations 
of  benefit  to  all  persons  concerned  might  be  prepared,  a 
resolve  was  passed  June  5,  1903,  authorizing  the  appoint- 
ment of  a  special  commission  to  consider  matters  contained 
in  all  petitions,  bills,  and  resolves  pending  before  the  Gen- 
eral Court  concerning  the  relations  between  employer  and 
ejnployee. 

The  simple  mention  of  the  name  of  Carroll  D.  Wright 
as  chairman  should  guarantee  the  work  for  which  this  com- 
mission was  appointed. 


Railroads  and  tJie  Public.  145 

Col.  Wright  Had  as  associates:  Henry  Sterling-,  for  years 
an  earnest  worker  in  the  interests  of  organized  labor  and 
from  his  opportunities  as  a  legislative  agent  of  the  Central 
Labor  Union  was  peculiarly  well  fitted  to  act  as  the  represen- 
tati^'e  of  employees  upon  this  committee. 

None  the  less  satisfactory  to  all  parties  interested  was  the 
appointment  of  Royal  Robbins,  as  the  representative  of  em- 
ployers of  labor.  Mr.  Robbins.  as  the  treasurer  of  the 
American  Watch  Co.,  unquestionably  is  well  qualified  from 
practical  experience  to  form  just  opinions  as  to  laws  that 
will  bring  good  results  to  both  employer  and  employee. 

Davis  R.  Dewey,  Ph.  D.,  who,  as  Professor  of  Economics 
and  Statistics  at  the  Massachusetts  Institute  of  Technology 
presents  the  highest  of  credentials. 

William  N.  Osgood,  a  lawyer,  and  a  writer  upon  the  sub- 
ject of  relations  between  employer  and  employee,  who  is 
deeply  interested  in  the  science  of  political  economy. 

These  men  entered  upon  their  duties  with  trained  minds, 
and  from  public  hearings  and  other  sources  collected  data 
and  obtained  opinions  that  assisted  them  in  forming  con 
elusions  worthy  of  such  authors. 

The  recommendations  of  this  committee  as  embodied  in 
their  report  are  entitled  to  careful  stud}^  and  from  them 
much  useful  information  may  be  obtained  of  benefit  to  all 
persons  interested  in  these  social  questions. 

Singularh'  enough,  while  this  report  appears  to  have  been 
unanimously  accepted  by  the  employees  as  fair,  at  the  hear- 
ings held  by  the  legislative  committee  of  the  last  two  legis- 
latures, many  of  the  most  prominent  corporation  counsel  of 
the  state  were  retained  in  opposition  to  the  recommendations 
contained  in  the  report  and  most  particularly  to  that  part  in 
reference  to  employers'  liability  for  personal  injuries  sus- 
tained by  employees  in  the  course  of  their  employment. 

Relative  to  arbitration  the  committee  said  in  part : 


146  Railroads  and  the  Public. 

"It  is  obvious  that  controversies  do  from  time  to  lime 
arise  whose  effect  upon  the  public  interest  is  so  momentous 
as  to  make  the  pubHc  to  all  intents  and  purposes  a  third 
party  to  the  controversy.  This  is  especially  true  where  the 
difficulties  in  question  involve  the  production  or  distribution 
of  the  necessaries  of  life  or  the  transportation  of  the  people. 
In  such  instances  we  are  far  from  beheving  that  the  state 
should  be  precluded  from  some  form  of  intervention  by  2, 
reluctance,  however  justifiable  in  principle,  to  interfere  in 
private  disputes.  We  are  of  the  opinion,  however,  that 
compulsory  investigation  on  the  part  of  the  State,  supple- 
mented by  a  public  finding-  as  to  the  merits  of  the  case,  will 
accomplish  the  object,  through  its  appeal  to  the  public,  fully 
as  effectively,  and  without  the  objectionable  interference 
with  private  rights  and  the  often  futile  attempt  at  judicial 
enforcement  which  must  characterize  the  attempt  at  arbi- 
tration, under  compulsion." 

They  further  said:  "And  finally  in  accordance  with  the 
views  already  expressed  in  this  report,  we  urge  that  the 
proper  authorities  should  have  the  fullest  right  of  investiga- 
tion and  publicity  as  to  the  merits  of  any  controversy  which 
vitally  affects  the  public  interest,  regardless  of  the  possible 
wishes  of  either  or  both  of  the  immediate  parties  to  the  diffi- 
culty,— especially  where  such  controversy  involves  c|uasi- 
public  corporations.  We  therefore  recommend  the  enact- 
ment of  legislation  which  shall  give  the  Governor  power  to 
direct  the  State  Board  of  Conciliation  and  Arbitration  to 
investigaie  ana  report  upon  any  controversy '  which  in  his 
opinion  seriously  affects,  or  threatens  seriously  to  affect, 
the  general  welfare  (R.  L.,  c.  106,  sec.  2)." 

This  recommendation  might  well  be  embodied  in  an 
amendment  to  Chap.  370  of  the  Federal  laws,  by  striking 
out  in  the  6th  and  7th  lines  of  Sec.  2  the  words  "upon  re- 
quest of  either  party  to  the  controversy,"  and  inserting  in 
place  thereof  the  words  "upon  the  request  of  the  President;" 


Railroads  and  the  Public.  147 

and  after  the  word  "act"  in  the  last  line  of  the  same  section 
add  the  words :  "Said  Commissioners,  after  investigation  as 
to  the  cause  of  such  controversy,  and  having  ascertained 
which  party  thereto  is  mainly  responsible  or  blameworthy 
for  the  existence  or  continuance  of  the  same,  may  make  and 
publish  a  report  finding  such  cause  and  assigning  such  res- 
ponsibility or  blame."     So  as  to  read: 

UNITED  STATES. 
(Public  Laws,  1898.) 
Chap.  370. — An  Act  Concerning  carriers  engaged  in  inter- 
state commerce  and  their  employees. 

Be  it  enacted  by  tJie  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled. 
That  the  provisions  of  this  act  shall  apply  to  any  common 
carrier  or  carriers  and  their  officers,  agents,  and  employees, 
except  masters  of  vessels  and  seamen  as  defined  in  section 
forty-six  hundred  and  twelve,  Revised  Statutes  of  the 
United  States,  engaged  in  the  transportation  of  passengers 
or  property  wholly  by  railroad,  or  partly  by  railroad  and 
partly  by  water,  for  a  continuous  carriage  or  shipment,  from 
one  State  or  Territory  of  the  United  States,  or  the  District 
of  Columbia  to  any  other  State  or  Territory  of  the  United 
States,  or  the  District  of  Columbia,  or  from  any  place  in 
the  United  States  to  an  adjacent  foreign  country,  or  from 
any  place  in  the  United  States  through  a  foreign  country 
to  any  other  place  in  the  United  States. 

The  term  "railroad"  as  used  in  this  act  shall  include  all 
bridges  and  ferries  used  or  operated  in  connection  with  any 
railroad,  and  also  all  the  road  in  use  by  any  corporation 
operating  a  railroad,  whether  owned  or  operated  under  a 
contract,  agreement,  or  lease;  and  the  term  "transportation" 
shall  include  all  instrumentalities  of  shipment  or  carriage. 

The  term  "employees"  as  used  in  this  act  shall  include 
all  persons  actually  engaged  in  any  capacity  in  train  opera- 


148  Railroads  and  the  Public. 

tion  or  train  service  of  any  description,  and  notwithstanding 
that  the  cars  upon  or  in  which  they  are  employed  may  be 
held  and  operated  by  the  carrier  under  lease  or  other  con- 
tract :  Provided,  hozuezer.  That  this  Act  shall  not  be  held 
to  apply  to  employees  of  street  railroads  and  shall  apply  only 
to  employees  engaged  in  railroad  train  service.  In  every 
such  case  the  carrier  shall  be  responsible  for  the  acts  and 
defaults  of  such  employees  in  the  same  manner  and  to  the 
same  extent  as  if  said  cars  were  owned  by  it  and  said  em- 
ployees directly  employed  by  it,  and  any  provisions  to  the 
contrary  of  any  such  lease  or  other  contract  shall  be  binding 
only  as  between  the  parties  thereto  and  shall  not  affect  the 
obligations  of  said  carrier  either  to  the  oublic  or  to  the  pri- 
vate parties  concerned. 

Sec.  2.  Whenever  a  controversy  concerning  w^iges, 
hours  of  labor,  or  conditions  of  employment  shall  arise  be- 
tween a  carrier  subject  to  this  Act  and  the  employees  of 
such  carrier,  seriously  interrupting  or  threatening  to  inter- 
rupt the  business  of  said  carrier,  the  chairman  of  the  Inter- 
state Commerce  Commission  and  the  Commissioner  of 
Labor  shall,  upon  the  request  of  the  President,  with  all 
practicable  expedition,  put  themselves  in  communication 
with  the  parties  to  such  controversy,  and  shall  use  their  best 
efforts  by  mediation  and  conciliation,  to  amicably  settle  the 
same;  and  if  such  efforts  shall  be  unsuccessful,  shall  at  once 
endeavor  to  bring  about  an  arbitration  of  said  controversy 
in  accordance  with  the  provisions  of  this  act. 

Said  Commissioners  having  ascertained  the  cause  of  such 
controversy,  and  having  ascertained  which  party  thereto  is 
mainly  responsible  or  blameworthy  for  the  existence  or  con- 
tinuance of  the  same,  may  make  and  publish  a  report  finding 
such  cause  and  assigning  such  responsibility  or  blame. 

Accepting  the  opinion  of  "Carroll  D.  Wright's  Commis- 
sion" such  an  amendment  would  accomplish  the  object  of 
settling  disputes  by  arbitration  fully  as  effectively  as  the 
attempt  at  arbitration  under  compulsion. 


Railroads  and  the  Public.  149 

Unless  among  some  of  the  newer  labor  organizations  or 
among  some  of  the  newer  members  of  the  older  organiza- 
tions, there  is  not  a  trade  unionist  but  will  support  a  move- 
ment to  enact  such  an  amendment. 

The  purpose  sought  by  the  engineers  was  not  the  conduct 
of  strikes,  not  a  means  of  settling  strikes,  but  the  building 
up  of  some  system  which  would  absolutely  preclude  the 
possibility  of  strikes.  Sufficient  confidence  may  be  put  in 
the  proposition  offered  for  the  purpose  of  obtaining  this  end 
to  still  support  it,  and  to  ask  to  be  allowed  to  further  elu- 
cidate it. 


150  Railroads  and  the  Public. 


CHAPTER  XIII. 

THE    PUBLIC   REPRESENTED   BY   RAILROAD   COMMISSIONERS,    A 
PARTY   TO  ALL   TRADE  AGREEMENTS  OF  RAILROAD  EM- 
PLOYEES. 

It  has  been  demonstrated  that  to  no  agency  so  much  as 
to  the  railroads  do  we  as  a  nation  owe  our  success.  Rail- 
road commissions,  state  and  interstate,  have  been  appointed 
by  the  government  to  protect  its  interests,  and  the  fact  that 
these  bodies  are  expected  to  keep  in  close  touch  with  all 
matters  pertaining  to  railroad  business,  little  if  any  legisla- 
tion affecting  railroads  is  considered  by  our  legislative  bodies 
that  is  not  submitted  to  the  railroad  commission  for  its 
opinion. 

A  stock  argument  of  the  counsel  for  the  railroads  is  that 
no  recommendations  ever  come  from  the  railroad  commis- 
sioners that  are  not  adopted  by  the  railroads.  Therefore, 
taking  these  two  facts  into  consideration,  why  is  it  ever 
necessary  for  railroad  employees,  unless  as  individual  citi- 
zens, or  upon  legislation  pertaining  to  recompense  for  per- 
sonal injuries,  to  go  to  legislative  halls? 

See  that  efficient  men  are  appointed  as  railroad  commis- 
sioners and  hold  them  responsible  for  the  performance  of 
the  duties  required  of  their  office.  That  our  commissioners 
do  not  feel  that  they  are  handicapped  by  want  of  sufficient 
power,  we  have  this  their  avowal : 

"We  should  not  hesitate  to  ask  for  additional  legislation 
if  any  were  necessary." 

It  was  this  fact,  as  well  as  a  knowledge  of  the  ways  of 
the  legislators,  that  prompted  me  to  recommend  to  my  as- 
sociates, while  acting  as  their  legislative  agent,  "that  we  re- 


Railroads  and  the  Public.  151 

frain  from  endorsing'  as  an  organization  principles  not 
directly  affecting-  our  interests,  firmly  believing  that  upon 
general  principles  we  can  obtain  better  satisfaction  through 
agreements  with  our  officials  than  could  be  obtained  from 
enforced  legislation." 

Due  weight  was  given  to  the  fact  that  this  policy  is  prac- 
tical only  in  case  of  having  a  higher  tribunal  to  which  an 
appeal  may  be  made. 

In  tlie  railroad  commission  Ave  have  such  a  tribunal, 
could  the  machinery  be  set  in  motion.  It  should  be  made 
a  part  of  the  work  of  this  machinery  to  see  that  both  parties 
to  all  signed  agreements  live  up  to  its  provisions. 

It  is  common  knowledge  that  there  is  not  a  railroad  man- 
ager today  in  New  England  who  can  say  he  runs  his  own 
railroad,  and  further  there  is  not  a  representative  body  of 
the  employees  that  can  control  their  own  men. 

This  may  be  considered  as  a  damaging  admission  inas- 
much as  it  is  the  foundation  upon  which  labor  unions  stand. 
Destroy  the  confidence  of  the  railroad  officials  in  the  abil- 
ity  of  our  representatives  to  control  the  members  of  our 
order,  and  all  further  attempts  at  negotiations  will  be  at  an 
end.       "The  subway  strike"  in  New  York  has  shown  us  the 
necessity  for  some  action  to  strengthen  our  position  and  pro- 
tect us  from  the  unscrupulous  practices  of  some  men.       In 
reference  to  the  "subway  strike"  we  may  excuse  ourselves  to 
some  extent  by  showing  that  the  conditions  surrounding 
this  affair  were  most  unusual.     The  changing  of  motive 
power  from,  steam  to  electricity  brought  a  serious  problem 
to  the  Brotherhood  of  Locomotive  Engineers,  and  upon  the 
opening  of  the  subway   the  conditions  became  still   more 
complex.     When  the  New  York  subway  was  about  to  be 
opened  an  excellent  schedule  covering  hours  of  labor  and 
wages  was  arranged,  and  signed  by  the  Grand  Chief  of  the 
Brotherhood  of  Locomotive  Engineers  in  behalf  of  such  men 
as  might  be  employed  who  held  membership  in  our  order. 


152  Railroads  and  the  Public. 

This  schedule  was  conceded  to  be  an  exceptionally  good 
agreement  and  satisfactory  to  all  concerned.  By  the  terms 
of  the  contract  the  schedule  was  to  hold  in  effect  for  three 
years.  After  a  time  a  spirit  of  discontent  began  to  manifest 
itself.  Up  and  down  the  line  of  the  Interborough  system 
men  employed  as  motormen  were  being  taken  into  the 
Brotherhood  of  Locomotive  Engineers,  this  was  a  decidedly 
new  departure  and  contrary  to  the  laws  of  our  organiza- 
tion. Agitation  grew  hot  for  a  new  schedule,  and  notwith- 
standing the  fact  the  existing  agreement  was  accqjted  for 
three  years,  a  strike  was  threatened  if  demands  were  not 
granted. 

Our  Grand  Officers  denounced  such  actions,  and  sent  rep- 
resentatives to  the  scene  to  prevail  upon  the  men  to  live 
up  to  their  agreement.  These  officers  conferred  with  the 
leaders  of  the  men  in  New  York,  but  soon  found  they  had 
lost  control  of  their  men.  At  the  place  of  the  meeting  the 
doors  were  locked  against  them,  and  the  worst  element  pos- 
sible was  in  control. 

The  men  struck  and  we  all  know  the  answer.  Of  course 
we  can  say  ihey  were  expelled  from  our  order,  but  this  whole 
affair  merits  the  most  serious  consideration  inasmuch  as  a 
repetition  of  such  a  breach  of  contract  might  be  a  serious 
blow  to  our  organization.  Men  can  be  found  to  do  any- 
thing for  money,  and  a  time  may  come  when  a  railroad  cor- 
poration to  suit  purposes  of  their  own  might  employ  such 
men  to  incite  their  fellows  to  act  unjustly  that  the  railroad 
officials  might  profit  in  the  end.  We  do  not  say  this 
course  was  taken  in  the  subway  strike,  but  it  has  been  done 
in  other  places,  and  if  once  why  not  again? 

We  would  allow  the  utmost  freedom  of  contract  between 
railroad  employees  and  their  officials,  but  we  would  advise, 
in  fact  require,  that  all  trade  agreements  be  approved  by 
some  commission,  and  be  binding  upon  both  contracting 
parties  and  subject  to  change  only  upon  the  consent  of  this 


Rill' I  roads  and  the  Public.  153 

commission.  Should  it  be  deemed  in  the  interests  of  the 
public  at  any  time  to  amend  this  agreement,  the  commission 
after  due  notice  to  interested  parties  should  have  the  power 
to  make  such  changes  as  would  afford  better  service  to  the 
public. 

In  selecting  this  commission,  with  all  due  respect  to  the 
Board  of  Conciliation  and  Arbitration,  we  still  believe  the 
public  tribunal  best  qualified  to  determine  what  is  reasonable 
and  just  in  disputes  liable  to  arise  between  railroad  officials 
and  employees  is  the  one  making  a  business  of  studying 
railroad  matters  and  originally  investigating  questions  per- 
taining to  the  good  of  the  service.  This  commission  we  re- 
fer to  is  the  Inter-State  Commerce  Commission,  and  if  ever 
such  a  policy  as  this  should  be  adopted,  it  is  doubtful  if  a 
more  competent  or  as  fair  a  commission  could  be  appointed 
to  inaugurate  this  policy  as  the  present  commission  in- 
fluenced to  a  greater  or  less  degree  by  Commissioner 
Prouty  of  Vermont,  whose  friendliness  toward  railroad  em- 
ployees has  been  demonstated  in  his  every  walk  of  life. 

As  trade  agreements  are  made  through  representatives, 
frequent  disputes  arise  as  to  the  true  interpretation  of  these 
contracts,  and  as  a  result,  in  many  cases  a  "walking  dele- 
gate," "business  agent"  or  a  "salaried  chairman"  is  employ- 
ed, with  more  or  less  satisfactory  results  to  all  parties  con- 
cerned. 

Our  purpose  is  to  have  the  "walking  delegate,"  or 
"salaried  chairman,"  the  inspectors  of  the  railroad  commis- 
sions, and  make  the  commissioners  a  party  to  the  contract, 
in  which  case,  care  should  be  taken  in  their  appointment. 


154  Railroads  and  the  Public. 


CHAPTER  XIV. 

RAILROAD   COMMISSION   AND  THE  CIVIL  SERVICE. 

The  Massachusetts  law  relative  to  the  appointment  of 
railroad  commissioners  states  there  shall  be  a  board  of  rail- 
road commissioners,  consisting  of  three  competent  persons. 
A  rule  has  been  established  appointing  to  this  board  a 
lawyer,  a  business  man,  and  a  railroad  man.  No  logical 
reason  can  be  given  for  such  a  rule  or  for  its  continuance. 

It  is  difficult  to  conceive  of  a  question  coming  before  the 
railroad  commission  involving  other  than  railroading  or 
law.  Therefore  it  seems  fair  to  ask  that  the  selection  of 
members  for  this  commission  be  made  from  these  two  occu- 
pations— two  lawyers  and  one  railroad  man,  or  two  railroad 
men  and  one  lawyer. 

The  lawyer  should  possess  the  qualifications  necessary 
for  a  judge  of  the  Supreme  Court. 

The  term  railroad  man  is  generally  held  to  include  all 
persons  actually  engaged  in  any  capacity  in  train  operation 
or  train  service  of  any  description;  yet  we  all  know  from 
personal  knowledge  that  every  man  who  sits  upon  the  piazza 
of  a  boat  club  cannot  sail  a  yacht. 

Upon  thlN  account  we  drafted  and  presented  to  the  legis- 
lature a  petition  embodied  in  House  Bill  569 : 

Commonwealth  of  Massachusetts. 
In  the  year  One  Thousand  Nine  Hundred  and  Four. 

An  Act 
Relative  to  the  Membership  of  Board  of  Railroad  Commis- 
sioners and  to  the  Appointment  of  Railroad  and  Railway 
Inspectors. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Court  assembled,  and  by  the  authority  of  the 
same,  as  follows: 


Railroads  and  the  Public.  155 

Section  i.  One  member  of  the  Board  of  Railroad  Com- 
missioners shall  always  be  a  person  who  has  had  practical 
experience  in  railroad  business;  and  after  the  first  day  of 
January  in  the  year  nineteen  hundred  and  seven  any  va- 
cancy occurring-  in  the  board  by  the  death,  resignation  or 
removal  or  expiration  of  the  term  of  the  member  thus  qual- 
ified, shall  be  filled,  if  he  is  not  reappointed,  by  the  appoint- 
ment of  one  of  the  railroad  and  railway  inspectors  then  in 
office  under  the  provisions  of  Section  8  of  Chapter  III,  of 
the  Revised  Laws. 

Section  2.  Railroad  and  railway  inspectors  whose  ap- 
pointment is  provided  for  by  Section  8  of  Chapter  III  of 
the  Revised  Laws  shall  hereafter  be  appointed  through  the 
civil  service  commission,  subject  to  the  civil  service  regula- 
tions and  examinations. 

Section  3.     This  act  shall  take  eflfect  upon  its  passage. 

As  a  precedent  for  asking  for  such  legislation  we  find 
that  Section  i  of  Chapter  67  of  the  Revised  Laws  provides 
for  the  appointment  by  the  Governor  of  a  Board  of  Harbor 
Commissioners.  These  commissioners  have  the  appoint- 
ment of  pilots  for  waters  within  their  jurisdiction.  All  per- 
sons to  be  eligible  for  appointment  as  either  commissioner 
or  pilot,  must  first  receive  the  recommendation  of  the  Bos- 
ton Marine  Society. 

The  purposes  of  this  provision  are  clearly  obvious,  and  if 
worthy  for  marine  transportation,  is  it  unfair  to  ask  that 
the  same  precaution  be  taken  in  making  appointments  for 
similar  positions  in  connection  with  railroad  transportation? 
House  Bill  569  is  drafted  upon  the  principle  embodied  in 
Chapter  67,  substituting  for  any  railroad  society  that  might 
be  mentioned  the  Civil  Service  Commission. 

Copies  of  House  Bill  569  were  circulated  amongst  the 
railroad  men  in  general,  and  at  the  meetings  of  the  engineers 
the  purposes  and  provisions  of  the  bill  were  fully  discussed. 


156  Railroads  and  the  Public. 

Later,  at  a  meeting  held  in  Boston,  at  which  were  present 
representatives  of  the  Brotherhood  of  Locomctive  Engineers 
from  all  parts  of  the  state,  and  organized  as  the  legislative 
board,  this  bill  (569)  was  unanimously  endorsed,  and  it 
was  "voted  that  the  Brotherhood  of  Locomotive  Engineers 
of  Massachusetts  be  recorded  at  the  state  house  as  in  its 
favor." 

The  Civil  Service  Commission  was  selected  for  the  reason 
that  it  was  considered  to  be  the  purpose  for  which  the  board 
was  organized,  and  paid.  It  passes  upon  the  qualifications  of 
every  other  appointee  of  the  Railroad  Commissioners,  ex- 
cept the  inspectors.  Should  any  man  question  the  ability 
of  the  Civil  Service  Commission  to  prepare  an  examination 
from  which  they  could  select  practical  men.,  qualified  to  act 
as  railroad  inspectors,  one  simple  suggestion  would  be  to 
offer  the  annual  reports  of  the  Railroad  Coramissioners  with 
their  very  nicely  compiled  statistics  of  the  fatal  accidents 
occurring  year  after  year  in  the  same  old  way,  and  ask  these 
aspirants  to  make  recommendations  tending  to  avoid  them. 

Any  reasons  advanced  as  to  why  the  inspectors  of  the 
Railroad  Commission  should  be  exempted  from  being  class- 
ified in  the  Civil  Service  would  apply  equally  well  to  every 
other  situation  at  present  classified  by  that  commission.  If 
the  Civil  Service  is  a  failure,  why  maintain  it? 

We  will  agree,  to  avoid  argument,  that  the  Civil  Service 
does  not  in  all  cases  insure  the  selection  of  the  most  com- 
petent men  for  office,  but  we  have  reason  1:o  believe  that  this 
is  one  of  the  least  causes  for  the  failure  of  the  passage  of 
this  bill,  and  that  quite  the  opposite  is  more  likely  to  be  true. 
Unquestionably  the  prestige  of  many  a  jyolitician  is  owing 
to  his  ability  to  place  constituents  in  luciative  positions  re- 
gardless of  their  qualifications,  and  naturally  they  look  with 
disfavor  upon  any  reform  that  may  tend  to  curtail  their  op- 
portunities to  curry  favor  by  such  practices.  It  is  not  to 
be  taken  for  granted  that  politicians  are  the  only  persons 


Railroads  and  the  Public.  i57 

who  l)ar  the  advancement  of  the  most  worthy.  Often- 
times the  fact  of  a  membership  in  fratarnal  orders  is  used 
to  obtain  an  advanta.^e  at  the  expense,  in  many  cases,  of 
more  worthy  though  less  fortunate  persons,  and  as  a  conse- 
quence many  are  forced  to  associate  themselves  with  these 
orders  as  a  matter  of  self  protection. 

Such  a  condition  of  affairs  is  to  be  deplored,  and  is  in 
direct  opposition  to  our  form  of  popular  g-overnment. 

The  result  of  a  continuation  of  such  a  policy  may  be  seen 
todav  in  the  domestic  disinteg-ration  of  the  Chinese  Empire. 
Should  we  be  obliged  to  admit  that  no  better  men  would  be 
selected  for  inspectors  provided  the  office  was  classified  upon 
the  Civil  Service  list  we  should  by  nc<  means  lose  the  only 
reason  for  asking  for  this  legislation.  According  to  law 
and  by  the  rules  of  the  Commission  c.ll  persons  in  office  at 
the  time  the  office  is  classified  go  upon  the  list  as  com- 
petent employees,  and  cannot  be  remc>ved  from  office  with- 
out a  trial.  This  in  itself  is  a  great  boon,  for  indeed  he  is 
unsophisticated  who  does  not  believe  that,  with  the  influence 
of  the  corporations  upon  "the  powers  that  be,"  an  inspector, 
diligent  in  the  performance  of  his  duties,  would  soon  prove 
himself  a  "persona  non  grata,"  and  coming  up  again  for  re- 
appointment, he  would  be  likely  to  fall  by  the  wayside 
should  he  persist  in  such  a  course,  but  fortified  by  the  fact 
that  he  has  demonstrated  his  abilit}'  for  the  position,  and 
appreciating  still  further  the  fact  that  he  is  to  hold  the  office 
for  an  indefinite  period  if  faithful  to  his  trust,  we  reasonably 
might  expect  the  best  results. 

Moreover,  inspectors  receiving  their  appointment  upon 
merit,  demonstrated  in  a  competiti^^e  trial  open  to  all  as- 
pirants, qualified  by  practical  expeiience  in  the  active  ser- 
vice of  railroading,  would  certainl}  hold  a  moral  influence 
over  all  railroad  men  with  whom  they  would  come  in  con- 
tact. These  inspectors  should  be  made  defendants  in  all 
accident  cases,  and  be  given  to  understand  that  the  public 


I5<S  Railroads  and  the  Public. 

expects  of  them  a  service  hig^her  than  writing  accounts  of 
coroners'  inquests  attended. 

The  causes  of  accidents  are  many  times  miles  away  from 
the  scene  of  the  same.  Engineers  are  frequently  obliged 
to  g"o  out  on  their  trains  with  engines  unfit  for  service,  and 
attentions  that  should  be  devoted  wholly  to  the  signals 
along  the  route,  and  to  matters  pertaining  to  the  safety  of 
the  train,  are  diverted  bv  defective  machinery.  Suspension 
has  been  made  for  a  refusal  upon  the  part  of  the  engineer 
to  start  with  an  engine,  in  his  opinion  unfit  for  service. 
There  should  not  be  a  man  upon  the  inspector's  staff  of  the 
railroad  commission  that  is  not  qualified  to  act  as  an  expert 
in  such  cases.  Many  such  engines  are  in  the  service,  and 
it  wris  the  hope  that  through  the  influence  of  the  railroad 
commission  the  evil  could  be  remedied,  that  we  petitioned 
this  board  for  closer  relations  between  the  inspectors  and 
the  engineers.  Explain  to  these  inspectors  that  recurrences 
of  accidents  and  unsatisfactory  service  upon  the  railroads, 
without  recommendations  that  will  correct  the  same,  will 
in  the  future  be  taken  as  prima  facia  evidence  of  incom- 
petency upon  their  part  to  properly  perform  the  duties  of 
their  office,  and  we  believe  it  would  have  a  most  salutary 
effect  upon  the  railroad  service.  The  railroad  employees 
could  be  gi\'en  to  understand  that  they  are  working  for  the 
public,  and  that  these  inspectors  are  paid  to  see  that  the 
rights  of  the  public  are  protected.  This  is  the  only  argu- 
ment in  the  least  effective  that  could  be  used. 

It  is  quite  impossible  without  patronage  or  mone}^  for  the 
representative  of  an  organization  of  mechanics  to  influence 
legislation  against  such  conditions  as  exist  and  instead  of 
attempting  to  do  so  we  request  each  engineer  to  make  a 
friendly  call  upon  his  respective  Representative  or  Senator, 
and  hold  a  heart  to  heart  talk  with  him.  Each  member 
of  the  Brotherhood  through  the  medium  of  circular  or  per- 
sonal  letters,   receives   information   relative  to   all  matters 


Railroads  and  the  Public.  159 

pending  before  the  Legislature  affecting  our  interests  as 
railroad  men. 

Should  it  be  deemed  expedient  to  present  our  opinions 
to  a  legislative  committee  a  stenographic  report  is  taken  of 
whatever  is  said,  and  at  the  end  of  each  Legislative  session 
a  general  report  is  printed  for  each  member  of  the  Brother- 
hood showing  the  work  of  the  legislative  board  for  the  year. 
This  affords  each  man  an  opportunity  to  discuss  with  his 
neighbors,  who  should  be  interested  in  all  matters  affecting 
public  service  corporations,  any  measure  that  may  be  bene- 
ficial or  injurious  to  these  corporations  or  their  employees. 

By  the  adoption  of  this  policy  the  engineers  are 
not  required  to  make  sacrifice  of  either  time  or 
comfort,  and  a  mere  bagatelle  pays  all  the  ex- 
penses of  the  legislative  board.  This  practice  of  pub- 
licity adopted  by  the  legislative  board  is  most  effectual  and 
brings  the  best  of  results;  practically  the  same  conditions 
apply  to  all  other  committees  of  the  Brotherhood  of  Loco- 
motive Engineers  in  their  dealings  with  the  officials  of  the 
railroads,  and  we  believe  the  policy  of  the  legislative  board 
might  well  be  applied  by  them.  The  practice  has  a  ten- 
dencv  to  create  amongst  the  men  a  livelier  interest  than 
otherwise  might  be  had.  It  removes  from  the  representa- 
tives all  temptations  to  be  a  "good  fellow"  for  a  grafter  or 
a  stool  pigeon  for  a  lobbyist  of  the  corporation. 

Engineers  when  not  obliged  to  work  dislike  to  give  up 
their  Sundays,  the  only  day  they  may  have  with 
their  family,  and  the  result  is  that  like  the  services  in  many 
of  our  churches  our  meetings  are  but  thinly  attended.  An 
engineer  should  be  permitted  to  spend  such  of  his  time 
as  is  not  required  of  him  in  the  service  of  the  railroad  to 
the  enjoyment  of  his  home  or  the  quiet  of  the  fields,  for 
the  recuperation  of  his  nen^es  in  the  relaxation  from  all 
care.     The  time  spent  at  the  meetings  could  be  devoted  to 


i6o  Railroads  and  the  Public. 

matters  pertaining  to  the  good  of  the  order  and  encourage- 
ment of  a  more  fraternal  spirit  amongst  the  members. 

Railroading  and  politics  go  hand  in  hand.  Men 
are  elected  to  Congress  or  the  Senate  through  the  influence 
of  certain  interests  they  are  expected  to  serve.  The  ques- 
tion of  their  ability  as  statesmen  is  of  minor  importance. 

One  of  the  least  essentials  of  a  successful  railroad  presi- 
dent is  his  knowledge  of  practical  railroading.  He  is  ex- 
pected to  shape  public  opinion  and  legislation,  and  work 
for  the  interests  of  that  particular  clique  of  stockholders 
whose  agent  he  is. 

We  Ijelieve  the  man  from  the  trench  that  has  the  facts, 
although  he  may  not  have  as  polished  a  delivery  as  the 
more  highly  paid  representative  of  the  corporation,  from 
the  fact  he  knows  by  actual  experience  what  he  is  talking 
about  he  carries  more  influence  with  the  general  public  and 
the  average  legislator  than  the  professional  lobbyist  can 
carry.       To  support  this  opinion  will  say. 

A  bill  was  introduced  into  the  Dominion  Parliament  re- 
lative to  an  eyesight  test  for  locomotive  engineers.  It 
was  an  unjust  piece  of  legislation,  and  if  enacted  would 
work  hardship  upon  the  engineers.  It  was  in  keeping  with 
that  wave  of  reform  that  passed  over  the  country,  that 
placed  a  man  of  over  45  years  of  age  as  pa^se. 

The  railroads  were  reported  as  backing  the  measure  and 
political  influence  was  brought  into  play. 

The  lobbyist. at  Ottawa  vv^ho  is  employed  to  protect  the 
interests  of  the  engineers  as  well  as  those  of  the  other  rail- 
road employees,  reported  there  was  no  hope  of  preventing 
thi?  bill  from  becoming  a  law. 

About  this  time  Sir  Wilifred  Laurier  came  to  ]\Iontreal. 

One  of  our  engineers  conceived  the  idea  of  presenting  to 
him  (inr  opinion  of  the  injustice  of  this  proposed  legisla- 
tion and  its  injurious  effect  should  it  become  law. 


Railroads  and  the  Public .  i6i 

Calling  at  the  Winsor  Hotel,  Mark  Cunningham,  loco- 
motive engineer,  Canadian  Pacific  Railway,  sent  his  card 
to  Sir  Wilifred  Laurier,  Premier  of  Canada.  Word  was 
received  that  the  Premier  of  Canada  would  see  the  loco- 
motive engineer. 

Mr.  Cunningham  was  in  a  position  to  explain  that  in  the 
past  young  men  were  induced  to  enter  the  motive  power 
department  of  our  railroads  by  the  prospect  of  oppor- 
tunities it  afforded  them  for  advancement.  While  climbing 
this  ladder  of  promotion,  these  men  are  subjected  to  the 
greatest  of  strain  upon  their  eyes.  For  years  while  serving 
their  apprenticeship  as  firemen  they  at  one  moment  are 
obliged  to  face  the  bright  glare  of  the  firebox,  with  its  in- 
tense heat,  while  the  next  they  are  facing  the  cold  wind 
of  a  winter's  night,  striving  to  accustom  their  eyes  to  the 
changed  conditions  that  they  may  discern  the  light  upon 
a  signal  they  are  approaching.  Long  hours  of  constant 
employment  naturally  bring  great  strain  to  these  organs 
of  vision.  After  from  five  to  eight  years  of  this  kind  of 
employment  promotion  may  come  to  assume  the  duties  of 
an  engineer.  But  the  new  position  with  its 
added  responsibilities,  brings  greater  strain  upon  his  eyes. 
If  he  would  keep  his  place  in  the  world  the  engineer  must 
read  books  and  papers,  and  as  a  consequence  his  sight  begins 
to  fail.  His  eyes  are  still  sound  and  practically  perfect, 
and  were  he  permitted  to  wear  glasses  his  eyesight  could 
be  preserved  for  years.  Where  are  you  going  to  find  the 
right  kind  of  men  to  fill  these  positions  if  they  can  expect 
to  hold  them  but  a  few  of  the  best  years  of  their  lives,  and 
then  be  thrown  out  with  nothing  but  an  experience  that 
is  of  no  earthly  value  to  them  in  any  other  walk  of  life? 
These  same  men  who  are  pushing  this  fad  to  discharge  50 
per  cent  of  perhaps  the  best  men  in  the  service,  will  rush 
their  automobiles  through  crowded  thoroughfares,  wear- 
ing goggles   and   glasses  galore.     No  engineer  asks   that 


1 62  Railroads  and  the  Public. 

men  with  poor  eyesight  be  retained  in  the  service,  but  when 
you  test  these  men  give  them  a  fair  chance.  In  examining 
engineers,  all  examinations  for  detecting  color  perception 
and  ascertaining  the  visual  power  should  be  conducted  with 
such  flags,  lights  and  semaphore  signals  only  as  are  in  use 
on  the  system,  and  all  examinations  should  be  made  under 
the  same  circumstances  as  required  in  the  actual  operation 
of  the  road. 

Furnished  with  such  reasoning  as  this,  the  Premier  stated 
he  would  consult  with  his  cabinet. 

The  eyesight  test  was  not  enacted  as  law. 

What  is  the  answer?  When  our  legislators  are  honor- 
able miCn,  it  is  the  man  who  knows  by  actual  exj>erience 
what  he  talks  about,  that  they  desire  to  see,  and  not  the  pro- 
fessional lobbyist 

It  must  not  be  taken  for  granted  all  legislators  are  taken 
from  this  class  of  men. 

The  same  legislature  that  refused  to  pass  H.  bill  569, 
likely  to  raise  the  efficiency  of  the  Railroad  Commission,  lat- 
er by  their  action  upon  another  petition,  practically  passed 
what  could  only  be  accepted  as  a  vote  of  want  of  confidence 
in  this  same  Commission..  The  "brakeman's  bill"  was 
amended  in  the  .Senate  to  authorize  the  Railroad  Commission 
to  assign  additional  brakemen  to  freight  trains,  at  the  dis- 
cretion of  the  Board.  The  House  of  Representatives  in  turn 
refused  to  concur  with  the  Senate  and  substituted  the  ori- 
ginal bill,  regulating  by  law  the  number  of  men  to  be  em- 
ployed. Surely  a  commission  for  the  support  of  which  the 
public  pay  through  the  railroads  more  than  $50,000  a  year 
should  be  qualified  to  decide  how  many  men  should  be  em- 
ployed ui>on  a  freight  train.  If  they  are  not  so  qualified, 
men  should  be  appointed  to  the  office  who  are.  However, 
in  justice  to  all  parties  concerned,  it  must  be  said  it  is  only 
the  unsophisticated  that  take  the  Massachusetts  Legislature 
seriously.       Probably  as  useful  a  session  as  any  is  the  one, 


Railroads  and  the  Public.  163 

with  a  band  of  street  musicians  playing-  popular  airs  for  the 
amusement  of  the  members,  the  gavel  in  the  hands  of  the 
leading  comedian  of  the  House,  while  another  Representa- 
tive performing  slightly  exaggerated  duties  of  the  Sergeant 
of  Arms,  shows  the  distinguishing  features  between  the 
ordinary  sessions  and  this,  the  mock  session  of  the  Massa- 
chusetts Legislature — while  for  a  fact  it  might  well  be  writ- 
ten, the  Legislature  as  it  is.  This  is  the  closing  act  in  the 
drama,  '"The  Leg  Pullers,"  written  by  one  who  has  been 
there. 

To  more  clearly  establish  the  identity  of  this  author,  it  can 
be  said  without  fear  of  contradiction,  that,  as  a  lawyer,  a 
scholar,  and  an  orator  he  is  easily  the  peer  of  any  member 
of  the  Legislature,  in  the  Senate  branch  of  which  he  holds 
a  seat  (1905).  To  all  persons  interested  in  politics  as  it 
is  applied,  we  earnestly  commend  this  work.  While  the 
original  actors  have  been  replaced  by  others  to  all  intents 
and  purposes  the  same  characters  are  found  in  the  cast  to- 
day. The  fearlessness  of  the  writer  may  be  judged  from 
the  beginning  of  the  first  chapter  which  he  begins  by  say- 
ing in  introducing  a  type  of  character  styled  "a  business  leg- 
islator" such  a  person  as  is  familiarly  spoken  of  today  by  the 
more  comprehensive  name  of  the  grafter. 

"Everywhere  is  bustle  and  excitement;  yet  order  and  red 
tape  prevail.  Men  are  elbowing  their  way  through  the 
crowded  corridors,  and  up  the  narrow  stairways.  Blue- 
coated  brass  buttoned  messengers  are  hurrying  hither  and 
thither,  their  arms  filled  with  documents  and  manuals, 
answering  inquiries,  giving  directons.  Officers  brandish 
their  long  wands  and  usher  committees  to  their  duties.  In 
the  galleries  is  the  rustle  of  ladies'  dresses;  the  conversation 
of  spectators  is  in  the  hallways.  Committees  are  announc- 
ing that  they  have  attended  to  their  duties,  and  that  His 
Excellency  was  pleased  to  learn  this,  and  congratulated  the 
bodies  on  having  done  that,  etc.,  etc.  The  impress  of  some 
great  undertaking  is  stamped  on  all  things. 


164  Railroads  and  the  Public. 

It  is  the  annual  Puritanical  farce,  the  assembling-  of  the 
General  Court  of  the  ancient  Commonwealth  of  Massa- 
chusetts— the  hodge-podge  of  legalized  blackmail  which  mas- 
querades under  the  cloak  of  representative  popular  govern- 
ment. Here  for  six  months  will  those  two  hundred  and 
eighty  chosen  men  sit,  explaining  to  each  other  what  is  ap- 
parent and  concealing  what  is  obscure,  and  so  compile  a 
thousand  paged  volume  of  formal  verbiage  that  shall  saddle 
every  occupation,  trade  and  employment  with  destructive 
conditions  and  restrictions  unless,  forsooth,  smart  money  be 
paid  not  to  do  so.  The  Arab  sheik  exacting  from  the  trav- 
eller in  his  dominion  a  fee  for  protection  from  his  own  rob- 
bers, stands  in  no  lower  grade.  If  it  is  true  what  Napoleon 
said  of  the  church,  that  it  was  an  institution  designed  to 
prevent  the  poor  from  robbing  the  rich,  we  shall  see  it  is 
equally  true  that  popular  government  is  a  cunningly  devised 
scheme  whereby  with  impunity  the  shiftless  may  successful- 
ly blackmail  the  thrifty." 


Railroads  and  the  Public.  165 


CHAPTER  XV. 

FRICTION  AND  ITS  CAUSE.  , 

Faith  in  railroad  officials  is  a  thing  of  the  past,  and  if 
there  is  a  railroad  employee  in  the  state  of  Massachusetts 
who  believes  that  the  officials  appreciate  or  care  for  the 
interest  taken  by  him  in  the  business,  we  believe  that  fact 
in  itself  would  qualify  that  employee,  in  the  opinion  of  his 
associates,  as  a  fit  subject  for  a  home  for  the  feeble-minded. 

This  is  an  unfortunate  state  of  affairs,  and  hardly  war- 
ranted by  facts. 

What  the  railroad  official  is  willing  to  do  to  fulfill  an 
agreement  was  recently  exemplified  by  Chas.  S.  Mellen, 
President  of  the  New  York,  New  Haven  and  Hartford 
Railroad. 

Some  years  ago  the  engineers  of  this  railroad  in  making 
a  trade  agreement  with  a  former  president,  secured  the  in- 
sertion in  this  agreement  of  an  article  specifying  that  in  all 
instances  wherein  the  ruling  of  any  official  should  jeopardize 
the  interests  of  an  engineer  this  engineer  should  have  the 
right  of  appeal,  and  upon  this  appeal  he  could  be  represented 
by  other  engineers  to  advocate  his  cause.  We  contended, 
rightly  we  believe,  that  all  decisions  made  by  railroad  offi- 
cials act  as  precedents  upon  which,  in  most  cases,  future  de- 
cisions will  be  based,  and  it  is  therefore  to  our  interests,  and 
we  believe  within  our  right  to  say  that  the  representatives 
of  these  men  should  be  selected  from  among  their  associates 
who  from  actual  experience  might  reasonably  be  expected  to 
act  more  intelligently  in  protecting  not  only  the  rights  of  the 
individual  directly  affected,  but  of  such  others  as  at  some 
future  time  might  be  similarly  involved.  This  clause  of 
the  agreement  was  perfectly  satisfactory  to  all  parties  con- 


1 66  Railroads  and  the  Public. 

cerned,  and  the  rule  adhered  to  in  all  instances  until  a  sub- 
ordinate official  consented  to  meet  a  committee  of  firemen 
acting  as  counsel  for  an  engineer.  This  violation  of  the 
agreement  was  protested  by  the  engineers,  and  the  action  of 
the  minor  official  was  discountenanced  by  the  higher  author- 
ities. 

For  some  time  friction  betw'een  the  representatives  of  the 
engineers  and  of  the  firemen  had  been  brewing,  and  now  took 
on  definite  shape. 

A  demand  was  made  upon  the  officials  of  the  railroad  to 
receive  representatives  of  the  firemen  as  counsel  for  such 
engineers  as  retained  their  membership  in  the  firmen's  or- 
ganization. 

President  Mellen  sent  for  the  engineers  and  asked  them 
to  fix  it  up,  rightly  contending  it  was  unfair  to  the  inter- 
ests he  represented  to  involve  them  in  this  dispute. 

The  engineers  wired  a  statement  of  affairs  to  the  Grand 
Office  of  the  Brotherhood  and  asked  for  advice  on  the  case. 
Immediately  the  reply  came  back  by  wire — offer  arbitration. 
The  offer  of  arbitration  was  made  to  the  firemen  and  refus- 
ed. The  engineers  thereupon  withdrew  from  further  ne- 
gotiations. 

In  the  meantime  the  representative  of  the  firemen  claim- 
ed to  have  in  his  possession  a  letter  from  the  President's 
predecessor,  the  late  Judge  Hall,  wherein  Judge  Hall  had 
agreed  to  concede  to  the  firemen  this  privilege  they  desired 
to  obtain. 

The  engineers  doubted  the  existence  of  any  such  a  letter, 
and  believed  that  this  claim  was  made  to  give  President 
Mellen  something  to  hang  his  hat  on  should  he  agree  to 
their  terms. 

Secretaries  and  stenographers  were  put  to  work  upon 
notes  and  letter  files  to  find  a  record  of  this  letter  said  to  have 


Railroads  and  the  Public.  167 

been  received,  but  no  record  could  be  found.  Then  the 
origfinal  claim  was  qualified  to  the  extent  that  it  was  a  ver- 
bal, not  a  written  promise  that  Judge  Hall  made.  President 
Mellen  refused  to  break  the  agreement  with  the  engineers  as 
he  understood  this  agreement  to  be. 

A  strike  was  threatened  by  the  firemen,  and  the  New  Hav- 
en Railroad  spent  thousands  of  dollars  preparing  for  an  is- 
sue should  one  come,  demonstrating  that  an  agreement 
made  between  the  President  of  the  railroad  and  the  employ- 
ees is  a  contract  not  to  be  ignored. 

The  engineers  were  perfectly  well  aware  that  there  was  a 
nigger  in  the  firemen's  wood  pile,  the  real  purpose  was  to 
use  President  Mellen  and  the  New  Haven  Railroad  as  a 
wedge  that  later  might  be  driven  upon  other  railroads  to 
split  the  Brotherhood  of  Locomotive  Engineers. 

The  primal  cause  of  discontent  is  owing  to  the  fact  that 
the  supreme  court  or  the  throne  is  too  far  removed  from  the 
actual  scene  of  operation.  The  result  is  the  ordinary  work- 
er, the  small  fraction,  feels  his  efforts  are  not  appreciated, 
and  he  generally  has  good  ground  for  his  opinions. 

The  cause  of  this  feeling  is  easily  to  be  accounted  for 
and  may  be  instanced  by  such  as  the  following  case. 

The  destination  of  a  certain  train  was  changed  and  the 
engineer,  acting  within  his  rights  of  seniority,  moved  to  the 
train  of  a  younger  man.  Were  he  capable  of  filling  the  po- 
sition all  would  have  been  well,  but  owing  to  delays  caused 
by  his  inefficiency  to  perform  the  work  upon  this  train  in 
the  manner  of  his  predecessor,  he  was  enabled  to  charge 
and  received  an  hour's  extra  pay  for  himself  and  fireman, 
which  was  paid  for  some  time.  Finally  to  avoid  this  extra 
expense  the  officials  required  another  engineer  to  perform 
a  part  of  the  work  of  the  incompetent,  permitting  him  to 


1 68  Ruilrodds  and  the  Public. 

go  home  earlier  upon  an  easier  train,  thereby  placing  a  pre- 
mium ujion  inferior  work. 

It  is  such  work  as  this  upon  the  part  of  the  railroad  offi- 
cials that  lead  men  who  have  performed  faithful  service  to 
believe  the  officials  don't  care  whether  they  take  an  interest 
or  not. 


Railroads  and  the  Public.  169 


CHAPTER  XVI. 
employers'  liability  relative  to  injuries  upon 

railroads. 

Eminent  sociologists  claim  that  an  agreement  settling  the 
question  of  wages  and  number  of  hours  of  employment 
should  remove  all  possible  cause  of  contention  between  em- 
ployer and  employee. 

Generally  speaking  it  does,  but  of  recent  years  another 
point  of  variance  has  been  established  upon  the  railroad  sys- 
tems of  Massachusetts ;  viz :  recompense  for  personal  in- 
juries received  by  railroad  employees  in  the  course  of  their 
employment. 

This  bone  of  contention  came  with  the  absorption  of  our 
local  Massachusetts  railroad  companies  by  foreign  corpora- 
tions. That  this  change  is  not  accepted  as  an  exemplary 
business  policy,  is  shown  by  the  fact  that  one  remaining 
Massachusetts  company  still  continues  what  was  the  former 
policy  of  all  of  our  railroads  and  treats  with  their  employees 
in  a  manner  eminently  fair. 

With  the  coming  of  the  foreign  corporations  the  policy 
was  established,  of  taking  to  the  courts  all  cases  in  which  the 
liability  is  not  fully  established  to  the  entire  satisfaction  of 
the  legal  department  of  the  railroad.  This  policy  must  en- 
tail a  great  expense,  and  more  or  less  unsatisfactory  results; 
although  they  have  in  many  ways,  a  great  advantage  in  the 
law  suits.      Many  times  they  lose  even  though  they  win. 

Among  these  advantages,  is  the  opportunity  of  the  rail- 
road to  collect  all  possible  information,  and  prepare  expert 
testimony  in  rebuttal  of  evidence  submitted  by  the  plaintiff. 
To  counteract  this  influence  an  act  was  introduced  in  the 
Legislature  of  Massachusetts. 


I/O  Railroads  and  the  Public. 

Relative  to  Injuries  upon  or  about  Railroads  or  Railways. 
Be  it  enaited  by  the  Senate  and  House  of  Representor 
tires  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs: 

"Whenever  upon  any  railroad  or  railway  any  part  of  any 
car  or  locomotive,  or  of  any  propelling  or  drawing  engine, 
machine  or  appliance,  used  on  or  in  connection  with  such 
railroad  or  railway,  or  any  pin,  link,  coupler  or  attachment 
used  on,  about  or  in  connection  with  any  car,  engine  or  ma- 
chine on  such  railroad  or  railway,  breaks,  gives  way,  comes 
off  or  fails  to  operate  properly,  such  fact  shall,  in  any  action 
to  recover  for  an  injury  or  death,  or  both,  caused  thereby,  be 
deemed  prima  facie  evidence  of  the  negligence  of  the  per- 
son, persons  or  corporation  owning,  managing,  controlling 
or  operating  said  railroad  or  railway." 

This  bill  was  favored  by  the  engineers  in  the  hopes  of 
framing  into  a  law  what  is  at  the  present  time  the  practice, 
as  a  rule,  of  one  of  the  railroad  systems,  and  could  prove  no 
trouble  to  this  corporation. 

We  would  like  to  have  such  a  law  as  this  enacted,  to  pro- 
vide a  fairer  chance  in  the  courts  when  forced  to  look  there 
for  justice  and  also  from  the  principle  as  espoused  by  Presi- 
dent Roosevelt  that  it  will  tend  to  make  corporations  guard 
more  closely  against  accidents  to  employees,  realizing  that 
said  corporations  are  to  be  held  responsible  for  damages  for 
the  injuries  received  by  these  employees. 

Probably  the  strongest  suit  these  railroad  companies  play 
in  cases  of  injuries  to  employees  is  the  suit  of  intimidation. 
It  is  an  indisputable  fact  that  an  employee  bringing  action 
in  the  Courts  to  recover  for  personal  injuries  is  considered 
by  the  railroad  company  as  desiring  to  sever  his  connection 
with  that  corporation.  In  case  his  injuries  do  not  prevent 
him  from  seeking  employment  upon  some  other  railroad,  and 
he  makes  an  application  for  employment,  he  must  face  the 


Railroads  and  the  Public.  171 

sig-nificant  fact  of  being  obliged  to  answer  whether  or  not 
he  ever  appeared  in  a  law  suit  against  a  railroad  company. 

All  this,  notwithstanding  the  fact;  Chap.   106,  Sec.    11, 

Revised  Laws,  states :  *''No  person  shall  by  intimida- 
tion or  force  prevent  or  seek  to  prevent  a  person  from  en- 
tering into  or  continuing  in  the  employment  of  any  person 
or  corporation." 

We  met  with  very  little  success,  very  little  assistance  in 
our  effort  to  enact  the  law  in  reference  to  injuries,  and  we 
offered  to  compromise  with  the  representatives  of  the  rail- 
roads and  recommended  to  our  associates,  that  the  question 
of  settlement  of  damages  for  personal  injuries,  if  a  satis- 
factory agreement  for  such  a  course  be  arrived  at  with  the 
railroads  that  these  matters  be  settled  as  are  other  differ- 
ences, viz :  referred  to  committee  for  adjustment. 

This  policy  is  quite  in  line  with  the  custom  in  vogue  up- 
on the  Boston  and  Alaine,  and  is  generally  satisfactory  to  all, 
but  it  works  only  one  way  with  our  other  railroads.  En- 
gineers incapacitated  for  service  from  effects  of  injuries  re- 
ceived in  the  course  of  their  employment,  through  no  fault 
of  theirs,  attempting  to  settle  with  officials  in  accordance 
with  our  recommendation  have  received  the  information  that 
the  railroad  pays  their  engineers  sufficient  wages  for  these 
employees  to  insure  themselves  against  the  risks  of  their  em- 
ployment. 

The  locomotive  engineer  as  a  mechanic  is  a 
specialist,  and  the  knowledge  which  he  possesses, 
qualifying  him  to  be  classed  as  a  skilled  tradesman, 
is  of  little,  if  any,  practical  value  to  him  in  any  other  occu- 
pation. Facing  the  fact,  if  obliged  to  bring  action  against 
the  railroad  under  the  provisions  of  the  Employers'  Liability 
Act,  where  the  maximum  amount  possible  to  recover  for 
personal  injuries  shall  not  exceed  four  thousand  dollars,  af- 
ter deducting  the  expenses  of  trial  and  adding  the  loss  of 
situation  worth  $1,000  a  year,  remembering  there  is  no  pos- 


17-  Railroads  and  the  Public. 

sibility  of  being-  able  to  enter  into  like  employment  else- 
where, in  the  majority  of  cases  it  must  be  admitted  he  takes 
the  wisest  course  when  he  submits  to  the  injustice.  There 
are  instances  wherein  owin^  to  the  seriousness  of  the  in- 
juries, employees  are  left  with  no  alternative  other  than  re- 
course to  the  court.  To  cite  an  exemplary  case — a  fatal 
accident  happened  at  South  Braintree,  September  29,  1904, 
and  the  Braintree  Observer  in  reporting  this  accident  said : 
"At  last  reports  Engineer  Will  Adams  was  living,  and  his 
fireman,  Edward  Cook,  was  the  only  fatality  in  the  disaster 
to  the  Plymouth  express,  Boston  bound,  at  South  Braintree 
on  Thursday  shortly  before  i  p.  m. 

It  was  miraculous  that  all  the  100  passengers  and  trainmen 
should  have  escaped  injury  when  the  extent  of  the  disaster 
became  known,  and  there  is  mystery  as  to  the  cause. 

Probably  something  broke  for  the  engine  was  switched 
violently  to  the  left,  as  if  whirled  on  a  pivot,  and  was  pro- 
jected in  a  direction  directly  opposite  from  that  in  which  it 
had  been  running.  Clean  over  a  stone  wall  it  flew  and 
landed  on  its  back  in  a  tangle  of  underbrush.  Ninety  feet 
nearer  South  Weymouth  than  the  engine  its  forward  trucks 
finally  brought  up.  l^vo  hundred  feet  back  of  the  engine, 
and  laying  by  the  side  of  the  track,  was  the  tender. 

Meanwhile,  the  three  cars  that  comprised  the  train  pro- 
ceeded on  toward  Boston  for  a  distance  of  nearly  100  yards 
from  the  point  at  which  detrailment  occurred,  and  bumped 
along,  right  side  up,  until  the  air  brakes  brought  them  to  a 
standstill  with  a  jerk.  The  trucks  of  one  car  were  wrenched 
askew,  but  otherwise  the  physical  damage  to  the  cars  was 
confined  to  two  broken  windows. 

Both  of  the  engineer's  legs  were  broken,  and  he  was  other- 
wise badly  injured  during  the  meteoric  flight  of  his  beloved 
machine,  and  the  fireman's  right  leg  was  severed  below  the 
knee. 


Railroads  and  the  Public.  173 

One  of  the  best  known  railroad  men  on  the  Ne\Y  York, 
New  Haven  &  Hartford  railroad,  says  the  Herald,  was  Wil- 
liam H.  Adams,  sometimes  known  as  "Wild  Bill."  This 
sobriquet  was  not  the  result  of  any  dare-deviltry  on  his  part, 
but  because  in  his  younger  days  he  had  been  intrusted  with 
the  running  of  some  of  the  fastest  trains  on  the  road,  and 
because  of  his  aureola  of  long,  curly  hair. 

He  was  one  of  the  old  Old  Colony  men.  For  34  years 
he  had  been  connected  with  the  system,  the  greater  part  of 
that  period  as  engineer.  For  years  he  and  Asa  Porter  ran 
the  ''boat  train."  He  had  also  had  fast  runs  to  Newport 
and  to  ^Voods  Hole,  and  was  regarded  as  one  of  the  road's 
best  pilots.  He  was  a  native  of  Quincy,  but  of  late  years 
made  his  home  in  Mattapan. 

Edward  Cook,  his  fireman,  was  a  young  man.  and  the 
news  of  his  death  at  the  Massachusetts  Hospital  last  night 
was  received  with  especial  regret  by  his  railroad  associates 
because  of  the  fortitude  he  displayed  while  awaiting  surgical 
assistance. 

Railroad  men  wall  write  down  William  H.  Adams  and 
Edward  Cook  as  gritty  members  of  a  gritty  craft.  Al- 
though conscious  the  greater  part  of  the  time  while  they  lay 
in  the  field  and  in  the  baggage  car  that  transported  them  to 
Boston,  they  uttered  no  complaint.  Indeed,  as  they  writh- 
ed on  the  grass  the  one  attempted  to  console  and  inspire  the 
other." 

The  cause  of  this  accident,  as  recorded  in  the  office  of  the 
Board  of  Railroad  Commissioners,  was  that  the  engine  left 
the  track  while  running  at  an  estimated  speed  of  thirty  miles 
an  hour  upon  a  three  degree  curve. 

Following  the  same  line  of  reasoning  it  is  possible  to  be- 
lieve the  death  certificate  of  the  fireman  reads  that  the  de- 
mise was  owing  to  the  fact  his  heart  stopped  beating. 

The  sequel  to  the  accident  as  regards  Mr.  Adams,  is  that 
after  repeated  futile  efforts  upon  his  part  to  secure  what  we 


174  Railroads  and  the  Public. 

believe  to  be  his  just  due.  the  influence  of  the  eng-ineers 
was  rerjuested.  After  some  days  Mr.  Adams  received  a 
kindly  letter  of  sympathy  from  the  officials  of  the  railroad 
he  had  served  the  best  years  of  his  life,  offering-  him  as  a 
gratuity,  upon  condition  the  railroad  be  released  from  all 
further  liability,  a  sum  of  money  insufficient  to  pay  the  ex- 
penses incurred  for  medical  attendance. 

Mr.  Adams  all  these  months  confident  the  railroad  would 
treat  fairly  with  him  made  no  attempt  to  protect  his  rights, 
and  as  a  consequence  of  this  misplaced  confidence  upon  his 
part  lost  his  right  to  recover  in  the  Courts  under  the  pro- 
visions of  the  Employers'  Liability  Act.  The  remain- 
ing rights  in  this  case  upon  advice  of  the  engineers  have 
been  placed  in  the  hands  of  a  prominent  law  firm.  The 
former  associates  of  Mr.  Adams,  acting  upon  the  theory 
"you  cannot  indict  a  whole  people,"  will  render  all  possible 
assistance  in  the  prosecution  of  this  suit,  each  appreciating 
the  fact  it  may  be  his  misfortune  to  meet  with  a  similar  ac- 
cident. If  it  is  held  as  a  matter  of  law  we  have  no  redress  in 
such  cases,  why  are  we  not  justified  in  urging  upon  our 
representatives  the  enactment  of  the  following  amendment 
of  the  law  relative  to  the  liability  of  employers  to  employees. 

"Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows: 

Section  i.  Section  seventy-one  of  chapter  one  hundred 
and  six  of  the  Revised  T.aws  is  amended  so  as  to  read  as 
follows ; 

Section  71.  If  a  i)ersonal  injury  is  caused  to  an  em- 
ployee, such  employee  or  his  legal  representative  shall,  sub- 
ject to  the  provisions  of  the  eight  following  sections,  have 
the  same  rights  to  compensation  and  of  action  against  the 
employer  as  if  he  had  not  been  an  employee,  nor  in  the  ser- 
vice, nor  engaged  in  the  work  of  the  employer.  A  car  im- 
plement, machine  or  other  thing  which  is  on  the  property  of 


Railroads  and  the  Public.  175 

any  person  or  corporation  shall  be  considered  as  the  pro])erty 
of  the  person  or  corporation  in  any  case  arising-  under  this 
act." 

The  argument  advanced  by  the  counsel  fof  the  railroads 
was  that  the  original  act.  unsatisfactory  in  itself  in  the  first 
place,  has  been  amended  to  such  a  degree,  its  true  meaning 
is  difficult  of  interpretation. 


176  Railroads  and  the  Public. 


CHAPTER  XVII. 

REVISING    employers'    LIABILITY    ACT.  ENGINEERS    COM- 

PENSATION PROPOSAL. 

These  lawyers  advised  a  g-eneral  revision  of  the  Employ- 
ers' Liability  Act.  This  proposition  was  satisfactory  to  us, 
and  we  advocated  the  appointment  of  a  commission  for  this 
purpose,  who  in  their  reix)rt  state: 

"The  resolve  creating  this  committee  especially  directs  it 
to  consider  the  liability  of  the  employer  for  injuries  received 
by  the  employee  in  the  course  of  his  employment,  and  the 
creation  of  a  disability  or  pension  fund  by  the  joint  contri- 
butions of  employers  and  employees.  The  intimate  connec- 
tion of  these  two  subjects  is  such  that  a  comprehensive  act 
pertaining  to  the  whole  relation  of  employers  and  employees 
when  accidents  or  personal  injuries  occur  must  be  taken  into 
consideration." 

Bearing  these  facts  in  mind  we  presented  the  following 
proposition  to  the  committee  as  the  fundamental  principle 
upon  which  a  law  should  be  established. 

This  proposition  was  presented  to  the  engineers,  and  the 
principle  contained  therein  was  endorsed  as  being  acceptable 
to  them. 

ENGINEERS'  COMPENSATION  PROPOSAL. 

"A  man  entering  the  employ  of  a  railroad  should  under- 
stand that  he  is  enlisting  in  the  service  of  the  public,  under 
strict  discipline  to  his  immediate  superior,  and  subject  to 
call  at  all  tmes  to  perform  the  duties  of  the  public.  Accept- 
ing these  conditions,  all  must  agree  that  the  railroad  em- 
ployee is  called  upon  to  assume  at  times  great  risks,  and,  if 
occasion  requires  it,  sacrifice  his  life  itself  for  the  lives  and 
property  entrusted  to  his  care.       There  are  many  laws  de- 


Railroads  and  the  Public.  177 

fining  the  responsibility  of  the  railroads  and  the  amounts 
possible  to  recover  in  the  case  of  injury.  Owing  to  the 
complex  nature  of  these  laws,  the  results  are  in  many  cases 
most  unsatisfactory  for  both  parties.  Facing  these  condi- 
tions the  Brotherhood  of  Locomotive  Engineers  presents 
for  consideration,  to  be  mutually  agreed  upon  by  the  railroad 
and  the  employee,  this  contract.  A  man  entering  the  ser- 
vice of  the  railroad  should  be  in  possession  of  a  sound  body 
and  mind;  if  required  to  do  so,  he  should  present  a  doctor's 
certificate  guaranteeing  that  fact.  It  should  devolve  upon 
the  railroads  to  ensure  a  continuance  of  these  conditions  by 
affording  a  reasonable  number  of  hours  for  rest  for  the  body 
and  improvement  of  the  mind. 

In  case  of  sickness,  the  railroad  donates  weekly  a  sum 
equal  to  one-third  of  the  average  weekly  wage  of  said  em- 
ployee for  the  previous  fifty-six  weeks,  or  fraction  thereof 
he  may  have  been  in  the  employ  of  the  company.  Such 
compensation  shall  not  commence  until  the  second  week  of 
illness,  nor  shall  it  exceed  twenty-six  weeks  in  any  one  year. 
In  case  of  injury  from  any  cause  other  than  wilful  intent, 
the  sum  equal  to  one-third  the  average  wage  shall  be  allow- 
ed until  such  time  as  injured  person  shall  be  able  to  perform 
his  regular  duties,  or  the  total  equal  the  aggregate  of  what 
the  injured  employee  would  have  been  able  to  receive  had  he 
not  been  injured,  but  had  continued  in  employment  for  en- 
suing three  years  at  said  average  wage. 

Should  the  railroad  find  employment  for  said  employee,, 
allowance  shall  be  made  for  same,  and  no  deductions  from 
former  allowance  until  the  sum  of  both  equals  former  wage 
earned  by  employee. 

In  case  of  accidental  death  from  any  cause  other  than  wil- 
ful intent,  the  weekly  wages  of  deceased  shall  be  paid  to 
such  persons  as  have  been  dependent  upon  said  employee,, 
and  received  in  whole  or  in  part  weekly  support;  above  al- 
lowance shall  be  paid  for  a  period  of  three  years.      In  cases 


178  Railroads  and  the  Public. 

where  persons  have  received  no  weekly  allowance,  such  per- 
sons shall  not  be  elij:];-ible  to  collect  from  tlie  company  on  ac- 
count of  death  of  employee,  but  the  company  shall  be  liable 
for  medical  attendance  and  funeral  expenses  of  said  em- 
ployee. 

If  after  a  term  of  30  years'  service  upon  one  railroad  or 
system  of  railroad,  an  employee  is  incapable  of  further  ser- 
vice, he  shall  receive  weekly  from  the  railroad  employing 
him  one-third  of  the  average  weekly  wage  of  the  preceding 
52  weeks. 

The  above  contract  shall  be  recorded  with  the  Commis- 
sioner of  Insurance,  and  in  case  of  failure  to  agree  upon 
terms  of  same,  the  contracting  parties  or  their  representa- 
tives shall  submit  the  same  to  the  decision  of  the  Board  of 
Railroad  Commissioners,  provided  said  Board  shall  be  es- 
tablished upon  a  plan  that  shall  command  the  respect  of  the 
public,  the  railroads,  and  their  employees,  and  the  decision 
of  the  Board  shall  be  final  and  binding  upon  both  parties. 

The  acceptance  of  this  agreement  shall  have  no  weight  as 
a  condition  of  receiving  or  remaining  in  the  employment  of 
the  company." 

After  careful  consideration  of  a  large  number  of  specific 
bills  relative  to  Employers'  Liability,  bills  that  offer  "a.  basis 
for  the  fullest  consideration  of  a  subject  which  means  much 
to  the  economic  and  vital  interests  of  the  people  at  large," 
the  committee  recommended  as  a  benefit  a  bill  which  though 
it  differs  in  some  degree  is  based  upon  the  principle  of  the 
British  Workman's  Compensation  Act — the  law  by  which 
our  proposal  was  based. 

It  is  doubtful  if  any  man  could  elucidate  in  as  clear  or 
concise  a  manner  the  subject  relative  to  the  liability  of  em- 
ployers to  make  compensation  for  personal  injuries  suffered 
by  employees  in  their  service,  as  has  this  committee,  who 
state  in  their  report. 


Railroads  and  the  Public.  179 


CHAPTER  XVIII. 

REPORT  OF  SPECIAL  COMMITTEE  UPON  EM- 
PLOYERS'   LIABILITY. 

"The  number  of  personal  injury  cases  of  all  kinds  in  the 
community  is  very  large,  and  is  constantly  increasing  with 
the  growth  of  population,  the  extension  of  industry  and  the 
development  of  means  of  transportation.  The  volume  of 
litigation  in  this  class  of  cases,  not  to  mention  those  which 
are  compromised  before  suits  are  instituted,  is  sufficiently 
large  to  engage  almost  the  entire  time  of  many  sessions  of 
courts  and  to  demand  from  to  time  the  appointment  of  new 
judges,  with  accompanying  increase  in  court  expenses. 

A  much  greater  proportion  of  personal  injury  cases  than 
ever  before,  in  comparison  with  other  cases,  occupies  the  at- 
tention of  trial  courts.  These  cases,  good  and  bad,  encum- 
ber the  court  dockets  and  in  various  ways  delay  the  pro- 
gress of  justice.  It  has  been  estimated  that,  of  this  large 
volume  of  personal  injury  cases,  those  particularly  relating 
to  employees  constitute  from  one-eighth  to  one-seventh. 
The  aim  of  the  committee  has  been  to  deal  exclusively  with 
the  subject  of  personal  injuries  to  employees  received  in  the 
course  of  their  employment,  and  not  with  personal  injuries 
suffered  by  citizens  independently  of  their  employment. 

It  is  asserted  by  employers  and  those  representing  them 
that  employees  are  often  induced  by  unscrupulous  persons  to 
bring  groundless  actions  against  their  employers,  to  rely  up- 
on manufactured  evidence,  and  that  the  sympathies  and 
prejudices  of  juries  frequently  favor  the  employees.  It  is 
further  claimed  that  the  injured  employee,  if  after  a  long 
time  he  is  successful  in  recovering  damages,  receives  in  the 
end  but  a  small  part  of  the  amount  so  recovered,  owing  to 


I  So  Railroads  and  the  Public. 

the  expenses  of  litio-ation  and  the  exorhitant  and  unreason- 
able charges  of  his  lawyer  and  medical  adviser. 

On  the  other  hand,  it  is  urg-ed  in  behalf  of  the  injured  em- 
ployee that  the  employer,  either  himself  or,  if  insured, 
through  his  representative,  upon  the  happening  of  an  acci- 
dent at  once  sends  agents  to  the  place  of  accident,  for  the 
purpose  of  investigation  and  to  secure  evidence.  The 
names  of  witnesses,  together  with  their  statements,  are  care- 
fully preserved.  The  employee  has  no  access  to  this  evi- 
dence or  the  names  of  witnesses,  and  must  prepare  his  case 
in  the  best  way  he  can.  It  is  also  asserted  that,  as  soon  as 
the  employee  can  be  reached,  he  is  approached  by  the  claim 
agent  of  his  employer,  or  by  the  claim  agent  of  an  employ- 
ers' liability  insurance  company  if  his  employer  is  insured, 
and  urged  to  settle  his  claim  for  damages  for  a  trifling 
amount.  The  employee  is  told  that  if  he  goes  to  law  it 
will  be  a  long  time  before  he  gets  anything,  and  that  the 
lawyers  will  get  the  larger  share. 

If  a  settlement  is  not  made  and  a  suit  follows,  a  great 
waste  of  time  and  money  results  to  both  parties.  The 
plaintiff  may  be  compelled  to  pay  his  lawyer  liberally,  if  he 
is  successful;  and  the  defendant  may  incur  the  expenses  of 
claim  agents,  expert  witnesses  and  lawyers,  and  also  assume 
other  expenses  incidental  to  litigation,  in  addition  to  the 
verdict,  if  one  should  be  rendered  against  him.  It  is  true, 
indeed,  that  these  expenses  of  the  defendant  are  gener- 
ally furnished  by  employers'  liability  insurance  com- 
panies, when  emi)lovers  are  insured  by  such  companies 
against  injuries  to  employees;  but  the  loss  is  of  course  paid 
by  the  insured  employers  as  a  class,  in  the  premimums  re- 
ceived by  the  insurance  companies.  At  all  events,  there 
is  a  great  waste  of  money,  so  far  as  justice,  and 
the  rights  of  both  em])loyers  and  employees  are  con- 
cerned. Tlic  real  beneficiaries  frequently  are  not  parties 
to    the    litigation,    and    oftentimes     their    selfish    interests 


Railroads  and  the  Public.  i8i 

are  served  by  defeating  justice  or  by  the  promotion  of  in- 
justice. It  is  no  part  of  the  duty  of  this  committee,  nor  is 
it  our  intention,  to  censure  the  conduct  of  any  persons  for 
this  condition  of  things,  which  indeed  may  be  the  result  of 
forces  and  influences  beyond  the  control  of  individuals.  It 
would  seem,  however,  to  be  for  the  true  interest  of  the  com- 
munity, as  well  as  for  the  interest  of  the  employer  and  the 
injured  employee,  that  some  adequate  remedy  or  remedies 
should  be  devised  to  correct  these  evils. 

Before  suggesting  remedies  for  the  evils  above  referred 
to,  it  may  be  well  briefly  to  review  the  law  relating  to  per- 
sonal injuries  to  employees  as  such.  In  doing  so,  it  is  con- 
venient to  refer  to  rights  of  employers  and  to  rights  of 
employees. 

These  rights  may  be  described  as  common  law  rights  and 
statutory  rights.  The  common  law  rights  are  those  which 
exist  independently  of  any  action  of  the  legislature,  and  are, 
generally  speaking,  embodied  in  the  decisions  of  judges 
rendered  during  a  long  period  of  time.  The  statutory 
rights  are  those  contained  in  acts  of  the  legislature. 

Common  Law  Rights. — i.  The  employee  upon  entering 
the  employ  of  another  is  supposed  to  understand  and  assume 
the  danger  and  risk  of  the  work  he  is  expected  to  perform, 
provided  he  is  of  ordinary  capacity  and  intelligence.  This 
means,  however,  the  ordinary  dangers  and  risks  of  the  em- 
ployment, and  does  not  mean  unusual  and  extraordinary 
dangers,  known,  or  which  ought  to  have  been  known,  by 
the  employer  and  not  known  by  the  employee.  If  such 
unusual  dangers  exist,  it  is  the  duty  of  the  employer  to 
appraise  the  employee  of  their  existence. 

2.  An  employee  has  no  remedy  against  his  employer  for 
personal  injuries  caused  by  the  carelessness  of  a  competent 
fellow  workman.  In  other  words,  this  is  also  a  risk  of  em- 
ployment assumed  by  the  employee.  (The  Employers* 


1 82  Railroads  and  the  Public. 

Liability  Act.  which  will  be  referred  to,  modifies  this  rule 
in  certain  respects.) 

3.  An  employer  is  bound  to  provide  machinery,  build- 
ings, elevators,  etc.,  ways  and  approaches  that  are  reason- 
ably safe.  He  is  not  bound  to  furnish  machinery,  etc., 
that  are  perfectly  safe,  but  such  as  are  modern  and  used  in 
well-appointed  establishments. 

4.  An  employee  cannot  recover  dama^e^es  from  his  em- 
ployer if  injured  by  reason  of  a  defect  in  machinery,  etc.,  of 
which  he  was  apprised.  In  certain  cases,  nevertheless,  he 
may  recover  damag'es  if  he  has  repeatedly  requested  the  em- 
ployer to  repair  a  defect  and  the  employer  fails  or  ne^^lects 
to  do  so,  especially  after  the  latter  has  promised  to  make 
the  repairs. 

5.  An  employer  is  liable  for  an  injury  to  an  employee  re- 
sulting from  the  carelessness  of  an  incompetent,  intemperate 
or  reckless  fellow  workman,  if  the  employer  was  aware  of 
such  incompetency,  or  might  have  known  it  by  exercising 
reasonable  diligence. 

6.  The  injured  employee,  in  order  to  recover  damages, 
must  in  all  cases  prove  that  he  himself  was  careful.  In 
other  words,  he  must  show  that  he  did  not  contribute  to  the 
accident. 

7.  It  is  improbable  that  an  employee  could  recover  in 
Massachusetts  for  injuries  sustained  while  performing  work 
of  unusual  danger,  through  fear  of  discharge,  after  being 
directed  bv  his  employer  to  do  the  work. 

8.  The  employer,  a?  said  above,  is  legally  bound  to  in- 
struct one  entering  into  his  employment  of  exceptional  and 
unusual  dangers,  known  to  him  and  not  known  to  the  em- 
ployee. If  the  employee  is  young,  inexperienced,  or  below 
the  average  person  in  intelligence,  the  employer  is  bound  to 
give  him  still  greater  instruction. 

9.  At  common  law  the  legal  representatives  of  an  em- 
ployee killed  by  the  negligence  of  an  employer  can  recover 


Railroads  and  the  Public.  183 

no  damages  if  such  employee  dies  instantly.  (This  rule 
has  been  modified  in  the  cases  of  railroad  and  street  railway 
employees,  and  in  cases  arising  under  the  Emr>lovers'  Liabil- 
ity Act.) 

Statutory  Rights. — i.  No  employer,  by  virtue  of  a 
special  contract  with  employees,  can  exempt  himself  from 
liability  to  such  employees  for  injuries  sustained  by  them 
on  account  of  his  negligence,  and  any  such  contract  is  null 
and  void.  (A  corporation  engaged  in  carrying  passengers 
or  in  transporting  freight  cannot  require  a  bond  of  an  em- 
ployee to  indemnify  it  against  loss  or  damage  resulting  from 
the  negligence  of  such  employee. ) 

2.  The  legal  representatives  of  a  railroad  employee  killed 
through  the  carelessness  of  the  compaiiy,  and  not  his  own 
or  that  of  a  fellow  workman  of  the  same  grade,  may  recover 
an  amount  against  the  company,  not  less  than  $500  nor  more 
than  $5,000,  provided  he  would  have  been  entitled  to  main- 
tain an  action  for  damages  against  such  corporation  if  death 
had  not  resulted.  But  this  action  must  be  commenced  with- 
in one  year  after  the  injury  which  caused  the  death. 

3.  An  employee  of  a  railroad,  injured  by  any  locomotive, 
car  or  train  used  contrary  to  provisions  of  the  railroad  laws, 
shall  not  be  considered  to  have  assumed  the  risk  of  such  in- 
juries against  employers.  Its  principal  provisions  may  be 
briefly  summarized  as  follows : — 

a.  Employees  may  recover  for  any  defect  in  the  condi- 
tion of  the  ways,  works  or  machinery  of  the  employer  or  of 
some  one  in  his  employ,  whose  duty  it  was  to  see  that  the 
same  were  in  proper  condition  or  properly  repaired. 

b.  Employees  may  recover  for  the  negligence  of  a  su- 
perintendent, or  of  one  acting  as  superintendent  under  the 
authority  of  the  employer. 

c.  On  railroads  the  company  is  liable  to  the  employee  in- 
jured through  the  negligence  of  a  person  having  the  charge 
of  any  signal,  switch,  locomotive,  engine  or  train.       In  the 


184  Railroads  and  flic  Public. 

event  of  the  death  of  the  employee  his  legal  representatives 
have  the  right  to  recover  damages  against  the  company.  If 
death  was  not  instantaneous,  or  was  accompanied  by  con- 
scious suffering,  the  widow,  and  if -no  widow,  the  next  of 
kin,  dependent  upon  the  employee  at  his  decease,  may  re- 
cover damages  against  the  company.  If  there  are  two 
suits,  one  by  the  legal  representatives  and  one  by  the 
widow  or  next  of  kin,  the  total  amount  recovered  shall  not 
exceed  $5,000,  to  be  apportioned  by  the  jury. 

d.  Employees  themselves,  suing  under  this  act,  can  re- 
cover an  amount  not  exceeding  $4,000. 

e.  In  any  case  under  this  act  resulting  in  death,  which 
follows  instantaneously  or  without  conscious  suffering,  the 
amount  recoverable  is  not  less  than  $500  and  not  more  than 
$5,000,  to  be  assessed  according  to  the  degree  of  negligence 
of  the  employer  or  the  negligence  of  the  person  for  whose 
negligence  he  is  made  liable. 

f.  No  suit  under  this  act  can  be  maintained  unless  a 
written  notice  of  the  time,  place  and  cause  of  the  injury  is 
given  to  the  employer  within  sixty  days  of  such  accident, 
and  unless  the  suit  is  brought  within  one  year  from  the  ac- 
cident. The  time  of  giving  the  notice  is  extended,  in  case 
the  employee  is  physically  or  mentally  unable  to  give  the  no- 
tice within  the  required  sixty  days,  to  ten  days,  beyond  the 
removal  of  such  incapacity;  and  in  the  event  of  the  death  of 
the  injured  employee,  to  ten  days  beyond  the  appointment 
of  his  legal  representative. 

g.  Employees  working  for  sub-contractors  upon  the  ma- 
chinery, ways,  works  or  plant  of  the  employer  have  the  same 
rights  against  the  employer  as  have  other  employees. 

h.  Under  this  act  an  employee  or  his  legal  representatives 
cannot  recover  damages  if  he  knew  of  the  defect  or  negli- 
gence causing  the  injury,  and  failed  within  a  reasonable 
time  to  notify  his  employer  or  some  one  in  authority  of  such 
defect  or  negligence. 


Railroads  and  the  Public.  185 

i.  An  employer  who  has  contributed  to  certain  insur- 
ance funds  for  the  benefit  of  injured  employees  may  prove, 
in  mitigation  of  damages  recoverable  by  an  injured  employee 
under  this  act,  the  proportion  contributed  by  him  to  the  ben- 
efit received  by  such  employee. 

y.  The  Employers'  Liability  Act  does  not  apply  to  in- 
juries caused  to  domestic  servants  or  farm  laborers  by  fel- 
low employees. 

It  may  truthfully  be  asserted  that  neither  employers  nor 
employees  are  satisfied  with  the  present  law  pertaining  to 
personal  injuries  to  employees.  The  employers,  on  the 
one  hand,  claim  that  the  tendency  of  juries  is  to  increase 
their  burdens  by  awarding  liberal  verdicts  against  them; 
that  laws  are  being  passed  more  and  more  favorable  to  em- 
ployees; and  that  there  is  a  growing  inclination  of  injured 
employees,  either  through  their  own  indifference  to  friendly 
relations  with  their  employers  or  through  the  influence  of 
others,  to  institute  legal  proceedings  against  their  employers 
for  damages. 

On  the  other  hand,  some  employees  contend  that  under 
the  present  conditions  injured  employees  do  not  receive  sub- 
stantial justice,  or  a  fair  and  certain  compensation  for  their 
injuries.  It  is  also  asserted  that  they  are  denied  speedy 
trials  in  the  courts,  owing  to  the  crowded  dockets;  that  they 
are  forced  to  fight,  not  their  employers,  but  unsympathetic 
employers'  liability  insurance  companies,  with  their  corps  of 
claim  agents,  experts  and  attorneys,  which  only  tends  to 
separate  employer  and  employee,  and  discourage  amicable 
relations  between  them,  which  should  rather  be  fostered  and 
developed. 

As  to  the  intrinsic  merits  of  the  several  propositions  re- 
lating to  the  amendment  of  the  present  Employers'  Liability 
Act,  we  are  unable  to  agree;  but  in  view  of  the  general  act 
which  we  shall  recommend,  we  believe  it  inexpedient  at  the 
present  time  to  amend  the  Employers'  Liability  Act. 


i86  Railroads  and  the  Public. 

Workmen's  compensation  acts,  so  called,  have  in  differ- 
ent forms  been  enacted  in  several  foreign  countries,  notably 
in  Germany,  Austria,  Norway,  Finland,  Great  Britain,  Den- 
mark, Holland,  Sweden,  Italy,  France,  Spain,  New  Zealand 
and  South  Australia.  We  are  not  aware,  however,  that 
any  such  act  has  been  jiassed  or  been  contemplated  in  any  of 
the  United  States. 

Space  will  not  permit  an  exhaustive  examination  and 
review  of  these  foreign  acts.  In  general,  it  may  be  ob- 
served that  they  are  intended  to  afford  injured  employees  a 
more  certain,  even  if  more  moderate  compensation  for  acci- 
dents than  is  sometimes  obtained  under  proceedings  in  court. 
If  we  should  compare  the  amounts  received  by  a  large  num- 
ber of  employees  under  compensation  acts  with  the  amounts 
recovered  by  them  in  actions  at  law  after  deducting  all  ex- 
penses, it  is  probable  that  we  should  find  little  difference  be- 
tween such  amounts. 

The  best  known  of  these  acts  is  the  British  Workmen's 
Compensation  Act  of  1897,  passed  after  long  discussion. 
The  facts  relative  to  this  act,  its  influence  and  results,  have 
been  especially  reported  for  this  committee  by  Mr.  A.  Mau- 
rice Low.  His  report  is  printed  in  Appendix  No.  10,  to- 
gether with  the  British  Workmen's  Compensation  Act. 

The  object  underlying  all  such  acts,  whether  in  Great 
Britain  or  in  other  countries,  is  to  remove  in  a  measure,  and 
so  far  as  safety  will  warrant,  the  economic  insecurity  of  em- 
ployees, on  the  theory  that,  where  a  man  receives  injury, 
while  in  the  course  of  his  employment,  society  should  re- 
coup him  in  some  measure  without  resorting  to  charity;  that 
a  man  working  in  any  dangerous  occupation,  or  in  any  occu- 
pation, as  to  that  matter,  is  really  doing  a  service  to  the  pub- 
lic; he  is  enabling  the  public  to  prosper  through  industrial 
conditions,  and  therefore  the  public  owes  him  something 
should  he  meet  with  disaster;  that  capital  recoups  itself  for 
losses  by  charging  off  a  certain  percentage  every  year  for  de- 


Railroads  and  the  Public.  187 

terioration  of  plant;  that  the  working  man  has  no  means  of 
charging  off  his  deterioration  of  muscle  and  skill  through 
the  accidents  incident  to  production,  and  that  he  ought,  in 
all  justice,  to  have  such  deterioration  compensated  in  some 
reasonable  way  by  society  itself ;  that,  as  the  deterioration  of 
plant  is  paid  for  by  being  added  to  the  cost  of  production, 
the  deterioration  of  the  man  should  also  be  added  to  the  cost 
of  production.  The  theory  is,  also, — and  this  has  deter- 
mined the  acts  of  foreign  countries  in  this  respect, — society 
ultimately  pays  all  such  costs  through  consumption. 

The  question  before  this  committee  is,  how  to  establsh  a 
system,  so  far  as  accidents  are  concerned,  which  shall  be  fair 
to  the  employee  suffering  injury,  and  to  the  employer  who 
in  the  first  instance  has  to  pay  for  such  injury. 

Under  the  proposed  compensation  act,  the  troublesome 
questions  of  assumption  of  risk,  both  in  relation  to  defective 
ways,  works  and  machinery,  and  the  carelessness  of  fellow 
employees,  are  eliminated.  In  fine,  there  is  no  doubtful 
question  of  liability  to  be  determined;  that  is  entirely  re- 
moved. The  only  questions  arising  under  the  act  are.  Has 
the  employee  sustained  an  injury  in  his  employment,  and,  if 
so,  to  what  is  he  entitled  ?  The  sum  to  which  he  is  entitled 
depends  upon  the  seriousness  and  nature  of  his  injury,  and 
the  amount  of  his  earnings.  If  he  is  killed,  his  dependents, 
if  any,  would  receive  an  amount  approximately  equal  to  his 
aggregate  wages  for  three  years.  In  the  event  of  his  total 
or  partial  incapacity  to  work,  as  a  result  of  the  accident,  he 
would  be  paid  a  weekly  payment,  not  to  exceed  fifty  per 
cent,  of  his  earnings,  for  a  period  during  such  incapacity  not 
to  exceed  a  term  of  four  years.  Provision  is  also  made  in 
case  there  are  no  dependents  or  next  of  kin  for  paying  the 
reasonable  expenses  of  the  last  sickness  and  burial  of  the 
deceased  employee. 

All  questions  of  dispute  between  employers  and  employees 
arising  under  the  act  are  settled  by  a  committee  equally  rep- 


i88  Railroads  and  the  Public. 

resenting-  both  parties,  or  by  an  arbitrator  appointed  by 
agreement  between  them,  or  by  a  referee  appointed  by  a 
justice  of  the  superior  court  in  cases  of  disagreement.  There 
is  no  appeal  on  questions  of  fact,  but  questions  of  law  may 
be  reserved  and  passed  upon  by  the  supreme  judicial  court. 

The  act  which  the  committee  has  prepared  differs  in  some 
degree  from  the  British  Workmen's  Compensation  Act, — 
the  one  with  which  we  are  most  familiar.  It  is  to  be 
hoped  that  the  chang-es  which  we  have  seen  fit  to  make  in 
that  act  will  be  deemed  to  be  salutary,  and  more  in  con- 
formity with  local  laws  and  conditions. 

While  we  are  unanimously  of  opinion  that  the  Employers' 
Liability  Act  and  the  Compensation  Act  should  not  perma- 
nently coexist  as  to  the  same  establishments,  we  are  divided 
on  the  question  whether  the  Liability  Act  should  continue 
in  force  temporarily  as  to  such  establishments  as  are  cover- 
ed by  the  Compensation  Act  until  the  latter  shall  have  been 
tested  by  actual  experience.  We  believe  that  in  any  event 
the  injured  employee  should  always  have  the  option  of  re- 
covery at  common  law  in  the  event  of  g-ross  neg-ligence  on 
the  part  of  the  employer.  Section  3  of  the  accompanying 
bill  must  be  taken,  therefore,  as  subject  to  the  question  of 
the  Liability  Act,  as  above  discussed. 

The  question  as  to  whether  the  employee  should,  prior  to 
an  accident,  make  an  election  of  the  remedy  to  which  he 
would  resort,  has  been  thoroughly  considered,  but  no  practi- 
cal method  of  making  such  election  has  been  suggested  to  or 
ascertained  by  the  committee.  Under  section  3  of  the  bill 
we  recommend  that  the  injured  employee  may,  at  his  option, 
either  claim  compensation  under  it  or  proceed  against  his 
employer  as  though  the  act  had  not  been  passed,  but  shall 
be  bound  by  whatever  proceedings  he  first  institutes  against 
his  employer.  Should  the  employee  be  compelled  to  make 
an  election  as  to  which  method  he  would  adopt  prior  to  any 
accident,  to  make  such  election  effective  he  would  have  to 


Railroads  and  the  Public.  189 

file  with  his  employer  notice  of  such  election,  or  file  in 
some  public  office  notice  of  such  election,  or  make  his 
election  in  duplicate,  keeping-  one  copy  himself.  Massa- 
chusetts is  an  industrial  State,  and  the  larg^e  number  of 
persons  employed  who  would  be  covered  by  any  employers' 
liability  law  would  render  any  such  election  nugatory.  The 
shifting  of  employees,  their  migration  from  one  employer  to 
another,  their  employment  for  a  brief  time, — all  these  mat- 
ters offer  obstacles  which  cannot  well  be  overcome,  or  suf- 
ficiently overcome  to  warrant  any  provision  compelling  a 
prior  election  of  the  manner  in  which  an  employee  shall  pro- 
ceed to  recover  damages  for  injuries  incurred." 

In  a  report  made  by  A.  Maurice  Low,  Oct.  8,  1903,  of 
the  operation  of  the  Workmen's  Compensation  Act  the  fol- 
lowing language  is  used : 

"The  railways  of  the  United  Kingdom  are  required  by  law 
to  make  certain  returns  to  the  Board  of  Trade  relating  to 
their  income  and  expenditure.  These  returns  show  the  cost 
to  the  railway  companies  of  the  kingdom  for  compensation 
to  their  employees.  Since  the  passage  of  the  Workmen's 
Compensation  Act  the  companies  have  kept  a  separate  ac- 
count of  compensation  to  employees,  by  which  it  appears 
that  in  1899  the  cost  of  compensation  amounted  to£  118,849, 
in  1900  to  £146,027,  and  in  1901  to  £153,928;  equivalent 
per  train  mile  to  .oyd.  in  1899  and  .ogd.  in  1900  and  1901." 


190  Railroads  and  the  Public. 


CHAPTER  XVII. 

CONCLUSION. 

An  act  was  drawn  by  the  Commission  consistent  with 
the  opinions  as  written  in  their  report,  but  the  representa- 
tives of  certain  industries  protested  against  the  enactment 
of  the  proposed  law  upon  the  ground  tliat  it  placed  at  a  dis- 
advantage the  manufactures  of  Massachusetts  in  compari- 
son with  those  of  other  states. 

It  is  obvious  that  a  bill  drawn  to  meet  all  conditions  of 
employment  in  the  various  industries  included  within  the 
provisions  of  this  act;  and  exacting  the  same  conrlitions 
from  a  small  as  from  a  large  manufacturer  or  contractor, 
and  radically  changing  the  settlement  of  the  employers' 
liability,  would,  to  say  the  least,  require  serious  considera- 
tion by  the  representatives  of  the  interests  affected. 

An  adverse  report  was  returned  uix)n  this  bill  by  two 
legislative  committees  to  whom  it  was  assigned  for  con- 
sideration, and  the  work  of  the  Commission  went  for 
naught.  The  arguments  used  against  the  proposition 
could  in  the  main,  hardly  apply  to  railroads,  and  there  are 
many  reasons  why  it  would  appeal  to  them  and  their  em- 
ployees more  than  to  any  other  industry. 

To  take  the  money  now  paid  for  liability  and  charged  to 
court  expenses,  etc.,  and  arrange  a  plan  by  which  this 
amount  of  money  may  be  divided  amongst  the  injured 
employees  or  those  who  are  left  without  support,  appears 
to  be  a  sane  and  fair  business  proposition.  We  believe  this 
would  have  been  accomplished  had  the  recommendation  of 
the  Commission  been  adopted. 

But  where  could  we  find  the  proper  person  to  arrange 
this  plan?  The  man  who  could  successfully  bring  this 
scheme  into  practice  must  be  a  man  of  influence  and  no  or- 


Railroads  and  the  Public.  191 

dinary  student  of  political  economy.  This  work  would  re- 
quire the  sacrifice  of  time  and  money,  with  no  possible 
chance  of  reward  other  than  the  personal  satisfaction  of 
having  accomplished  a  public  benefit.  We  needed  the  in- 
fluence of  such  a  man  as  Hon.  Nathan  Mathews,  Jr.,  and 
Mr.  Mathews  kindly  consented  to  assist  us.  He  sug-oested 
that  w^e  enlist  if  possible  Roger  S.  Warner,  Esq..  who  had 
once  worked  with  him  collecting-  data  and  making-  up  sta- 
tistics upon  this  subject.  We  found  Mr.  Warner  in  a 
receptive  mood,  and  after  a  few  minutes  of  meditation,  as 
though  weighing  the  task  we  asked  him  to  assume,  he  con- 
sented to  take  it  up  and  has  faithfully  and  conscientiously 
labored  to  obtain  the  desired  result. 

By  the  terms  of  the  Workingmen's  Compensation  Act  as 
drawn  by  the  Labor  Commission,  the  employees  had  an  op- 
portunity to  elect  whether  they  would  accept  the  benefits  of 
the  Compensation  Act  or  proceed  under  the  law.  Al- 
though no  argument  was  offered  by  any  representative  of 
either  of  the  railroads  to  show  upon  just  what  ground  their 
opposition  was  based,  it  was  reported  their  objection  was 
owing  to  the  fact  the  employees  had  this  chance  of  testing 
the  new  plan  before  surrendering  such  rights  as  they  may 
hold  at  present. 

That  we  should  insist  upon  this  condition  seems  to  be 
fair,  because  of  the  fact  that  by  the  new  arrangement  the 
employees  might  reasonably  expect  better  results  than  from 
the  old  regime.  Willingness  upon  the  part  of  the  employ- 
er to  offer  this  choice  would  be  a  guarantee  of  good  faith 
upon  his  part  while  a  refusal  to  accept  these  conditions  by 
the  railroads  might  cast  a  doubt  upon  the  efficacy  of  the 
scheme. 

A  fresh  impetus  is  added  to  the  wave  of  discontent  by 
each  succeeding  subscription  paper  calling  upon  the  em- 
ployees to  contribute  to  the  aid  of  some  unfortunate  asso- 
ciate for  whom  many  believe  the  corporation  should  pro- 


19^  Railroads  and  the  Public. 

vide.  To  many  it  brings  up  the  thoughts  of  their  loved 
ones,  for  ours  is  a  hazardous  calling,  and  any  of  us  may  be 
the  next.  The  people  as  a  whole  cannot  shake  their  re- 
sponsibility for  existing  conditions.  The  remedy  rests  en- 
tirely in  the  hands  of  the  public  who,  should  they  so  decide, 
can  enact  just  and  adequate  laws. 

Railroad  officials,  and  corporation  lawyers  when  address- 
ing juries  in  damage  suits,  never  fail  to  point  to  the  fact 
that  the  public  must  pay  the  bills,  therefore  the  representa- 
tives of  the  railroads  have  no  cause  for  complaint  if  the  peo- 
ple pass  liberal  laws  to  protect  our  loved  ones  should  acci- 
dent happen  to  us.       If  such  could  be  enacted  there  would 
be  some  possibility  of  a  friendly  settlement  of  many  of  these 
disputed  matters.       The  railroads  argue  against  the  adop- 
tion of  such  legislation  upon  the  ground  that  it  may  tend  to 
increase  litigation.       They  will  show  what  a  comparatively 
few  cases  are  at  the  present  time  brought  to  the  courts  by 
their  employees       They  will  attempt  to  draw  the  deduction 
from  this,  reasoning  that  there  is  little  cause  for  complaint 
at  the  present  time.      The  answer  to  this  contention  is  very 
simple,  inasmuch  as  there  is  at   present   but    small    chance 
of   recovery    for    damages,    the    employees   accept   the   in- 
evitable and  submit  to  the  injustice.  To  disabuse  the 
mind  of  any  person  who  may  have  any  doubts  upon  this 
subject  we  will  refer  as  a  fair  sample  to  the  Adams    case. 
It  was  a  year  ago  the  28th  day  of  last  September  this  acci- 
dent happened,  in  consequence  of  which  Mr.  William  H. 
Adams  is  to-day   a  patient  of  the   Massachusetts  General 
Hospital,  taxing  to  the  utmost  the  skill  of  the  best  surgeons 
of  this  widely  known  institution. 

Had  this  engineer  been  a  passenger  there  could  be  no 
question  as  to  the  corporation's  liability.  But  owing  to 
the  fact  he  was  a  servant  of  the  public,  the  duty  rests  upon 
him,  as  we  understand  the  law,  to  prove  the  exact  cause, 
and  the  company's  negligence,  in  order  to  recover  damages. 


Railroads  and  the  Public.  193 

Inasmuch  as  these  locomotives  are  expected  to  remain  upon 
the  rails,  the  fact  of  the  engine  leaving  the  track  should  be 
taken  as  prima  facia  evidence  of  the  negligence  of  the  com- 
pany. 

Provided  we  accept  the  Railroad  Commission's  opinion, 
every  one  must  admit  that  this  accident  occurred  from 
causes  beyond  the  engineer's  control,  yet  the  railroad  dis- 
claim.s  all  responsibility  for  the  accident  resting  on  the  be- 
lief the  engineer  will  be  unable  to  prove  the  exact  cause  of 
the  wreck. 

While  the  Railroad  Commission  was  willing  to  accept 
and  place  on  file  that  the  accident  was  due  to  the  engine 
leaving  the  track;  the  railroad  corporation  will  assume  no 
liability  for  damages  under  these  circumstances,  and  insist 
upon  having  presented  the  specific  cause  of  the  engine  leav- 
ing the  track  and  proof  furnished  of  the  company's  negli- 
gence for  the  same.  It  is  very  evident  that  the  railroad  is 
more  particular  about  such  things  than  is  the  Railroad 
Commission,  but  the  law  firm  of  Vahey,  Innis  and  Mans- 
field may  be  able  to  tell  the  Court  some  things  about  this  ac- 
cident the  Railroad  Commissioners  don't  know,  or  know- 
ing, may  wish  to  conceal. 

There  should  be  enacted  in  the  statues  of  Massachusetts 
such  a  law  as  is  embodied  in  Sec.  4,  Chap.  187,  Rhode  Isl- 
and, General  Laws. 

"The  Railroad  Commissioner  shall  without  charge,  upon 
request  therefor  in  writing,  furnish  any  person  injured  or 
the  friends  of  any  person  killed,  any  information  he  shall 
have  obtained  in  relation  to  the  manner  by  which  such  per- 
son was  killed  or  injured  with  the  names  of  the  persons 
from  whom  the  information  was  obtained." 

Should  it  appear  from  investigations  that  the  Railroad 
Commissioners  failed  to  furnish  such  information  as  might 
reasonably  have  been  expected,  Commssioners  should  be  ap- 
pointed who  will  comply  with  the  law. 


194  Railroads  and  the  Public. 

The  defence  of  the  corporation  in  the  Adams  case  will 
probably  be  based  largely  upon  the  assumption  of  risks  by 
the  employee.  If  such  a  broad  interpretation  is  given  to 
this  ruling  or  opinion  are  we  not  justified  in  asking-  that  as- 
sumption of  risks  be  a  matter  of  fact  and  not  a  matter  of 
law? 

Is  it  reasonable  to  suppose  that  the  corporation  adopting 
such  practices  is  able  to  retain  the  good  will  of  their  em- 
ployees? As  employees  of  the  railroad  we  are  frequently 
reminded  of  the  fact  that  we  are  "servants  of  the  public." 
Is  this  the  treatment  the  public  wishes  to  have  exercised  to- 
ward its  employees? 

In  the  newspapers  we  read  where  railroads  contribute 
generously  to  the  aid  of  sufferers  from  catastrophies  oc- 
curing  in  industries  other  than  theirs.  We  are  all, pleased 
to  see  these  exhibitations  of  sympathy.  But  is  the  treat- 
ment of  this  maimed  and  crippled  employee  consistent  with 
the  widely  heralded  philanthropy  of  these  railroad  corpora- 
tions ? 

We  hear  much  about  the  larg-e  sums  paid  as  pensions. 
Will  some  one  mention  a  case  in  which  the  granting  of  a 
pension  is  more  justifiable  than  in  Adams'  case? 

Under  the  most  trying  circumstances,  more  than  34  years 
of  faithful  service.,  at  wages  which  averaged  50  per  cent, 
less  than  is  paid  for  the  same  work  to-day,  is  the  record 
William  H.  Adams  holds. 

Upon  the  part  of  the  railroad,  serene  indifference  is  most 
apparent  as  to  the  future  of  this  faithful  employee. 

"Five  hundred  dollars  as  a  gratuity"  provided  the  rail- 
road was  released  from  all  further  liability,  this  was  the  of- 
fer the  railroad  company  made.  Almost  any  man  under 
the  stress  of  adverse  circumstances  will  accept  a  favor  from 
a  friend.  But  to  a  man  of  Mr.  Adams's  temperament,  in 
whose  veins  flows  the  blood  of  America's  ablest  statesmen 
and  bravest  patriots,  the  blood  of  Samuel  and  John  Quincy 


Railroads  and  the  Public.  195 

Adams,  a  gratuity  coupled  with  such  conditions  could  re- 
ceive but  one  reply. 

What  explanation  do  the  railroad  officials  give  for  such 
cold  blooded  policies?  We  have  been  informed  they  are 
not  justified  in  giving  away  the  stockholders'  money,  how- 
ever worthy  the  cause  may  be.  As  showing  how  falla- 
cious this  excuse  is  we  will  mention  the  case  of  a  member 
of  the  board  of  directors,  holding  the  office  of  Vice  Presi- 
dent, and  having  charge  of  traffic  and  operation.  Because 
of  unsatisfactory  service  his  "resignation"  was  accepted  by 
his  fellow  directors,  who  voted  him  a  year's  salar}^  of 
25.000  of  the  stockholders'  dollars  which  the  director  is 
spending  in  Europe,  while  Mr.  Adams  is  cared  for  by 
friends. 

The  high  officials  are  wont  to  speak  of  themselves  as 
our  fellow  employees.  Is  this  not  an  unjust  discrimina- 
tion these  directors  make  between  fellow  employees?  We 
have  never  asked  for  anything  as  munificent  as  this.  What 
we  desired  and  what  we  still  think  would  be  satisfactory,  is 
a  plan  whereb}'  the  cost  of  liability  of  the  railroads  accruing 
from  personal  injuries  to  their  employees  could  be  arranged 
to  go  to  the  injured  direct. 

It  was  to  obtain  this  result  we  asked  Mr.  Mathews  to  help 
us. 

We  were  ever  at  the  call  of  Mr.  Warner,  and  in  writ- 
ing the  officials  of  the  railroads  he  informed  these  gentle- 
men he  held  what  he  w^as  pleased  to  call  "a  floating  com- 
mission from  the  legislative  representative  of  the  Brother- 
hood of  Locomotive  Engineers."  He  was  furnished  a 
copy  of  the  proposal  we  had  submitted  to  the  Labor  Com- 
mission, and  which  had  been  voted  by  the  members  of  our 
organization  to  be  acceptable  to  them. 

While  we  believe  no  man  would  be  so  obtuse  as  to  think 
he  could  be  justified  in  asking  for  the  benefits  of  such  a 
plan  unless  he  was  willing  to  abandon  his  right  of  action 


196  Railroads  and  the  Public. 

in  cases  of  injury,  yet  until  the  new  scheme  has  demon- 
strated its  advanta<:;-es  we  should  insist  upon  the  privileg-e  to 
elect  whether  we  select  the  new  plan  or  proceed  to  recover 
under  the  law. 

In  writing  me  in  connection  with  this  matter,  and  refer- 
ring- to  a  previous  communication,  Mr.  Warner  said:  "It 
is  the  abandonment  of  right  (^f  action  that  insures  the  com- 
paratively large  payment,  and  that  is  the  gist  of  this  paper 
which  T  wrote. 

"You  put  the  matter  yourself  very  neatly  when  you  say 
that  it  would  be  a  good  thing  to  have  the  railroads  pay  to 
each  employee  injured  such  a  percentage  of  his  wages  as  in 
the  aggregate  would  equal  the  sum  paid  at  the  present  time 
by  the  railroads  in  court  expenses.  In  other  words,  tliat 
the  fund  now  devoted  to  taking  care  of  damage  suits  should 
he  fie  voted  to  taking  care  of  the  employee  direct. 

"By  its  terms  this  involves  the  abandonment  by  the  em- 
ployee of  his  claims  for  damages;  for  I  understand  that  the 
railroad  is  not  willing  to  agree  to  any  scheme  which  does 
not  permit  them  to  know  in  advance  pretty  much  how  they 
are  going  to  stand  for  the  ensuing  year.  This  is  their  ob- 
jection to  any  scheme  which  may  be  proposed." 

Mr.  Warner  had  been  informed  that  we  found  the  rail- 
roads indifferent  as  to  any  proposition  we  advanced.  In 
reference  to  this  Mr.  Warner  writes:  "You  sav  that  you 
want  a  proposal  from  the  railroads,  and  that  the  high  au- 
thorities whom  you  reached  were  evasive  and  appeared  to 
be  satisfied.       I  found  exactly  the  same  state  of  affairs. 

"It  is  perfectly  clear  that  so  long  as  the  railroads  think 
that  the  trainmen  are  satisfied,  they  will  make  no  move.  It 
is  perfectly  clear  that  until  the  trainmen  get  up  in  a  body 
and  say  what  they  want  the  railroad  will  pay  no  attention. 
I  cannot  see  how  there  can  be  any  doubt  in  your  mind  upon 
this  point." 


Railroads  and  the  Public.  197 

We  are  constrained  to  believe  Mr.  Warner  is  right,  but 
in  the  lig-ht  of  recent  developments,  such  as  the  establish- 
ment of  Civic  Federations,  in  which  the  railroad  officials 
hold  executive  offices,  we  hoped  throug-h  the  medium  of 
these  organizations  to  attain  our  purpose  without  recourse 
to  the  more  radical  methods  of  other  days. 

The  skillful  physician  interested  in  the  welfare  of  his  pa- 
tient will  note  the  beat  of  the  pulse,  or  the  rise  in  the  tem- 
perature, and  strive  to  allay  the  fever  before  it  gets  beyond 
control.  So,  too,  the  true  representatives  of  labor  organi- 
zations, hearing  the  rumblings  of  discontent  try  to  remove 
the  causes  and  obtain  the  remedies  before  the  eruptions  take 
place.  By  such  practices  as  these  we  distinguish  the  labor 
leader  of  to-day  from  the  agitator  of  former  times.  Many 
employers  of  labor  and  officials  of  corporations  look 
upon  such  persons  as  well  intentioned  fanatics,  represent- 
ing advanced  ideas  entirely  unsupported  by  persons  whom 
they  aflfect  to  represent.  The  so-called  "captains  of  in- 
dustry," for  what  they  probably  consider  to  be  a  policy  of 
expediency,  refuse  to  negotiate  a  peace  treaty  until  obliged 
to  face  the  army  drawn  up  in  battle  array.  As  a  result  of 
this  practice  the  labor  agitator  has  ever  at  hand  ready 
amunition  with  which  to  hurl  shot  at  the  conciliator's  camp. 

Eventually  when  the  corporations  are  obliged  to  capitu- 
late their  concessions  are  accepted  as  the  spoils  of  war. 

In  the  pursuit  of  his  purpose  as  supplementary  to  the 
knowledge  he  already  possessed  in  order  to  fortify  his  con- 
clusions as  to  the  \yest  methods  of  adjusting  the  matter  of 
employers'  liability  for  personal  injuries  to  employees, 
Mr.  Warner  was  obliged  to  go  through  a  large  number  of 
reports  upon  the  subject  both  American,  English,  French 
and  German,  not  to  mention  some  considerable  calculations 
on  his  own  part. 

The  result  of  his  labor,  which  was  prefaced  with  practi- 
cally such  opinions  as  have  been  written  here,  and  in  the  re- 


198  Railroads  and  the  Public. 

port  of  the  Labor  Commission  of  Carroll  D.  Wright,  was  to 
appoint  a  committee  "to  g-o  on  with  our  educational  propa- 
g'anda  until  the  railroad  employees  have  been  brouscht  to  a 
point  where  they  will  unqualifiedly  back  up  some  measure 
on  lines  which  have  been  su.s^-srested.  or  if  these  are  not  sat- 
isfactory on  other  lines.  The  Committee  should  consist 
in  my  opinion  of  three  representatives  of  trainmen  who 
should  busy  themselves  in  an  investigation  of  the  scheme  in 
other  cases  where  it  has  been  tried.  This  Committee  you 
will  observe  is  acting  under  the  express  direction  of  the 
brotherhood." 

The  "scheme"  which  Mr.  Warner  refers  to,  is  some  plan 
to  be  devised  whereby  one  side  gives  up  its  right  of  action, 
and  the  other  side  makes  a  much  larger  provision  than  that 
suggested  in  my  proposal. 

The  suggestion  of  Mr.  Warner  is  worthy  of  most  careful 
consideration,  and  its  author  is  entitled  to  proper  recogni- 
tion from  all  classes  of  railroad  men  for  his  untiring  efforts 
in  their  behalf. 

To  whatever  degree  we  may  desire  a  satisfactory  adjust- 
ment of  these  affairs  through  the  efforts  of  Mr.  Warner,  it 
is  unwise  to  trust  to  the  current  of  coming  events  to  carry 
us  to  safe  anchorage  in  a  snug  harbor.  We  know  too  well 
the  tactics  of  our  railroad  representatives  to  furnish  them 
such  a  good  excuse  to  postpone  so  indefinitely  remedial 
measures  in  reference  to  employer's  liability. 

\Vith  no  desire  to  unduly  bias  the  mind  of  others  against 
the  opinions  expressed  in  his  suggestion,  yet  with  the  full 
knowledge  of  my  purpose  by  Mr.  Warner,  I  wish  to  dissent 
from  his  views. 

It  seems  after  the  exhaustive  research  of  the  Labor  Com- 
mission, only  cumulative  evidence  could  be  acquired  by  such 
a  committee  as  Mr.  Warner  suggests.  Are  we  to  act  for 
all  time  as  supplicants  to  these  corporations  to  obtain  what 
a  governmental  commission  admits  is  our  due?         Why 


Railroads  and  the  Public.       ■  199 

should  we  wait  any  longer  ?    Is  it  not  about  time  we  should 
act  for  ourselves? 

To  clip  the  corporation's  wings  of  intimidation,  let  us 
have  embodied  in  our  trade  agreement  a  clause  to  the  ef- 
fect, that  no  discrimination  shall  be  made  against  any  em- 
ployee appealing  to  the  courts  for  damages  sustained  by 
personal  injuries.  Next,  demand  of  the  corporations  such 
an  increase  of  wages  as  will  insure  us  against  loss  from  in- 
juries in  such  cases  as  the  law  should,  but  fails  to  provide. 
What  reasonable  objection  can  be  made  to  this  plan?  Is 
it  because  we  preach  conciliation  that  these  corporations 
think  they  can  do  as  they  please?  In  other  days,  foremost 
in  the  line  of  battle  was  the  Locomotive  Engineers. 
Around  the  old  ensign  the  men  will  e'er  rally  and  show  to 
the  Avorld,  should  occasion  require,  that  they  will  still  fight 
in  defense  of  their  rights. 


THE  LIBRARY 
UNIVERSITY  OF  CALIFORNIA 

Santa  Barbara 


THIS  BOOK  IS  DUE  ON   THE  LAST  DATE 
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NOV  1 7 1983 

IJNOVS  19831 


Series  9482 


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